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Illinois Probate Questions & Answers
1 Answer | Asked in Probate for Illinois on
Q: My mother, who died in 2013, had a trust. My sister is the executor of the trust. My sister has not closed the estate

Can u continue to keep investments and annuities open after the persons death? The estate is still paying taxes on her investments and she is dead almost 5 years. Trust states estate to be finalized within one year of death

Ray Choudhry
Ray Choudhry
answered on Jul 9, 2018

Trusts and Probate Estates are two different things.

In a trust, there is a trustee who carries out the provisions of the trust. If you don't have a copy, you need to get one to see if she is carrying out the provisions of the trust.

If the deceased had assets which were not in...
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1 Answer | Asked in Probate for Illinois on
Q: Who's in charge of selling my late mother's house if she didn't leave a will?
Ray Choudhry
Ray Choudhry
answered on Jul 5, 2018

When someone dies without a will, there is a pecking order of who can be appointed to administer the estate.

Husband and then children are at the top of the list.

There are restrictions on who can act as administrator.

The house is part of her estate.

After...
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1 Answer | Asked in Banking and Probate for Illinois on
Q: My father has a bank acct. in PR and has passed away.My Brother is executor.Can His stepmom close the bank acct.?

No one is on the bank acct. but My Father. She is his ex wife but we have no papers to prove that.

Drew R. Ball
Drew R. Ball
answered on Jun 14, 2018

If your brother is the executor he needs to file the necessary paperwork with the Court in the County where your father resided at the time of his death. That being said, there is a significant amount of work that must be put into your father's estate to ensure it is properly handled. You... View More

1 Answer | Asked in Probate for Illinois on
Q: I've heard certain estates are exempted from probate. How do I know if mine does too?
Stephanie Sexauer
Stephanie Sexauer
answered on May 18, 2018

Generally, estates are subject to probate in Illinois if there is more than $100,000.00 or the person owned real estate. If there's no real estate, or the amount of other assets is less than $100,000.00, a document called a Small Estate Affidavit can be used.

However, some people...
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1 Answer | Asked in Probate for Illinois on
Q: Do heirs have rights to any paperworks receipts,etc of an estate? Brother/I being refused info by attorney & executor

No affv., no letters of office, refusal of copy of anything ive supposed to have signed, executor getting early advances for personal reasons without heirs knowing, and others heirs being refused advances, heirs being blocked from clio portals from seeing whats going on or info being sent to... View More

Stephanie Sexauer
Stephanie Sexauer
answered on May 14, 2018

You should be able to consult with the executor and his/her attorney. Alternatively, you can go to the court clerk's office and request to look at the file yourself. Additionally, you can hire an attorney whose job it is to advise you of our rights and secure access to information.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: How would I go about obtaining a probate affidavit in Colorado?

My brother, an attorney, has refused to share any information with my daughter and me regarding my mother's death. She should have had a substantial estate (over 500k) but he moved Mom 10 years ago to Colorado (Douglas Count) and I believe drained all of her accounts, he has filed Chaper 7 and... View More

Ray Choudhry
Ray Choudhry
answered on Apr 16, 2018

You need to retain an attorney where she died.

The attorney will tell you the procedure for looking up what happened to her assets.

If an estate has not opened, you may be entitled to open it.

3 Answers | Asked in Real Estate Law and Probate for Illinois on
Q: Mom lived, died & will filed in IL. She was sole owner of property (IN). Do I file probate in IL? How do I get tiltle?

Property less than $50K. No real assets in IL. She lived with me.

Stephanie Sexauer
Stephanie Sexauer
answered on Apr 12, 2018

Hi there,

Unfortunately, you'll need to file a probate here in Cook County, IL, and what's called an ancillary probate in Indiana. Please feel free to reach out to us if you have any additional questions.

Best,

Stephanie Sexauer

Sexauer Law, P.C.

(312)300-4743

sms@sexauerlaw.com

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1 Answer | Asked in Probate for Illinois on
Q: Is will from my grandparents binding if my mother intercedes to give willed property away to someone other than me?

I was willed a ***house and yard*** from both of my grandparents when they died. My mother was willed that property to have until she dies, whereupon it falls to me. Yet, my mother is trying to give away that house and yard to others in the family behind my back in her will. Are my... View More

Ray Choudhry
Ray Choudhry
answered on Apr 11, 2018

You don't say what kind of property.

Usually a life estate involves real estate.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My sister had no other assets, the account jointly owned my name and her name under my social security number.

The bank has stated if the check says or they can cash it but if says and they cannot,

Stephanie Sexauer
Stephanie Sexauer
answered on Apr 9, 2018

You may need an attorney to help you, either with probate or what's called a small estate affidavit. It depends on the amount of the check.

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Illinois on
Q: I have a check issued in my name and my deceased sister. I need to cash the check. My sister had no will.
Stephanie Sexauer
Stephanie Sexauer
answered on Apr 9, 2018

Depending on the amount of the check, and if your sister had any other assets, you may or may not be able to avoid probate to cash the check. There are other considerations, including heirship and potential creditors.

You should contact a probate attorney in your county.

1 Answer | Asked in Probate and Traffic Tickets for Illinois on
Q: I’m 17 years old and was on probation for speeding then got a ticket for speeding again. Do I get my license taken away?

I got the ticket while on probation

Juan Ooink
Juan Ooink
answered on Apr 7, 2018

Probation? Are you sure you were not on Supervision? Probation is a conviction which means if you get another conviction your license will be suspended. I suggest you or your parents hire an attorney to assist you with this matter because it seems very serious since you say you were on Probation.

1 Answer | Asked in Probate for Illinois on
Q: Official probate closing document.

Heirs asked to sign and notarize closing document to court saying full distribution has been made when only partial distribution has been made. Document also says heirs have agreed to all attorney charges which is not true. Estate attorney could not account for charges and had to make a 50%... View More

Ray Choudhry
Ray Choudhry
answered on Apr 4, 2018

Final accounting says what will happen to close estate.

If you are satisfied with final attorney fees, fine, otherwise you can ask court to rule on the fees.

Not unusual to have final accounting approved before disbursing the funds.

The receipts are then filed with the court.

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: My mom was getting back child-support from my dad. She died last year. I'm 26. Step-dad claims child support. Illinois.

Step-dad was not my legal guardian - ever (no adoption).

Step-dad married my mother when I was 12, I left home at 18.

He claims he deserves the back child support because he 'raised me for my childhood'.

Is the child support part of my mother's estate?... View More

Ray Choudhry
Ray Choudhry
answered on Apr 2, 2018

The money is owed to your mother.

It goes to her estate.

If she had a will, it goes to whoever she designated.

Otherwise to her heirs. Half to husband and half to children.

HOWEVER, the husband is entitled to a widowers allowance off the top and whoever paid the...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Both parents are deceased, there are 3 adult children left. What must be done to care for their assets and debts?

They didn't have a Wil.

Ray Choudhry
Ray Choudhry
answered on Mar 27, 2018

One or more of the children need to open an estate and probate the assets.

The assets go equally to the children except that if a child predeceased then his or her share goes to his or her children.

1 Answer | Asked in Probate and Medical Malpractice for Illinois on
Q: can I be denied to be executer of husband estate from probate for a medical malpractice case

my husband and I have been together 11 years. We had a up and down relationship due to his mental health issues. It cause him to be violent at times which caused domestic abuse. He recently passed in a facility and I contacted a lawyer to look into his death because I felt something wasn't... View More

Stephanie Sexauer
Stephanie Sexauer
answered on Mar 20, 2018

Based on what you've said, there seems to be no reason why you couldn't act as the independent administrator. You should contact an attorney who focuses his or her practice on probate, and he or she can also point you in the right direction to find an attorney who can look into your... View More

1 Answer | Asked in Probate for Illinois on
Q: My husbands brother passed away in his apartment and him and his sister went to his bank to speak with them took a copy

Death certificate and bank would not speak with them. They are only two survivors he was never married and no children. He was on va disability. What do they do to see if he had anything in his account and how do they make sure his account is closed. Please advise he has no estate no car nothing.

Ray Choudhry
Ray Choudhry
answered on Mar 19, 2018

If the only asset is the bank account and it has a small amount of money in it, they can do a small claims affidavit and try to get the bank to release the money.

Otherwise they will have to open an estate in probate court.

1 Answer | Asked in Criminal Law and Probate for Illinois on
Q: Our mother passed away without a will. I believe my siblings forged my name to the title and sold her car.
Cheryl Powell
Cheryl Powell
answered on Mar 18, 2018

You should see a lawyer to determine whether or not a probate action was filed and what your options may be.

1 Answer | Asked in Family Law and Probate for Illinois on
Q: Deceased is my dad im his only child he was still married to my mom which she is on drugs& not stable.do i need a lawyer

My dad has a house and two cars maybe other things as well..im my dads only child ..he did not have a will.. Im a beneficiary on life insurance but there is not a will regarding the home & cars and other things he may have ..my mom is currently on drugs really bad and is not stable to even hold... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 12, 2018

You should get a lawyer to sort things out. There's no telling how the house is titled and so on.

1 Answer | Asked in Estate Planning, Family Law, Insurance Bad Faith and Probate for Illinois on
Q: My sister got my dads lifeinsurance and told me she would gave me 4300 but has stopped all commuincation without sending

I have messages and witnesses that will say she was going to give me almost 4,400 and now has stopped talking to me and has not sent any money to me. I live in chicago il she lives in evansville in. Is there any way to recover the money she promised me

James G. Ahlberg
James G. Ahlberg
answered on Mar 5, 2018

Probably not, unless (a)you were named as a beneficiary of the policy, or (b)she agreed to give it to you in exchange for something from you. Since you didn't mention these, it seems they don't apply.

Instead, it sounds like your sister promised to make you a $4,300 gift but...
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1 Answer | Asked in Probate for Illinois on
Q: My grandmother died in August 2017. Her house is still pending sale for her will to be distributed. My aunt is listed

As a beneficiary along with me. She passed away this morning and is not married, has no kids. Would her portion go to me based on my grandmothers will or would it go to her estate?

Ray Choudhry
Ray Choudhry
answered on Mar 4, 2018

Your grandmother's estate will be distributed according to her will.

If it has usual language, then your aunt's share will go to her estate.

With no children, her heirs are her father and brothers and sisters.

Assuming father is deceased, then it goes equally to...
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