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Illinois Probate Questions & Answers
1 Answer | Asked in Probate for Illinois on
Q: May I contact the lawyer of the will for my daughter's deceased father? She is listed as a beneficiary.

It has gone to probate, so I do not know the status.

Ray Choudhry
Ray Choudhry
answered on Feb 27, 2018

Your daughter as heir and legatee is entitled to know everything that is going on in the estate.

Contact the attorney as to where he should send all the information.

1 Answer | Asked in Probate for Illinois on
Q: my grandmother was moved into a memory care facility in another state where she died. Which probate laws do we follow?

She was moved from her home by my mother who had guardianship and conservator ship of her. She was moved from Missouri to Illinois. My grandmother had lived at the facility for 2 months before she passed.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 21, 2018

GENERALLY speaking, moving to a care facility does not change the 'domicile' of the individual. UNLESS there is an INTENT to PERMANENTLY move, your domicile doesn't change from your 'home' because you are admitted to a hospital, nursing home or other care facility.... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Would statement in a will establish a life estate in Illinois and if not what rights does it establish.

The statement is as follows: To Bill I grant him the right to live in my residence located at 123 Washington St, Washington, Illinois, for as long as he wishes, provided that during such time he shall be responsible for all of the expenses of the home, including insurance, real estate taxes,... View More

Ray Choudhry
Ray Choudhry
answered on Feb 20, 2018

This is not a conventional life estate.

A conventional life estate would allow Bill to rent out the house or allow others to live in it.

1 Answer | Asked in Probate for Illinois on
Q: If a will has been filed for a deceased person with a home, shouldn't there be a probate case file on record?

I was informed that I was left in my neighbor's will for years of work I'd done for the deceased. One of the family members of the deceased verbally informed my brother that I am to receive a percentage of the home's sale after taxes. The home sold back in August of 2016 but I still... View More

Ray Choudhry
Ray Choudhry
answered on Feb 18, 2018

If the will was lodged with the court, the first thing to do is get a copy of it and read it.

It may be that the will not probated because there was nothing to probate.

The house may have been in joint tenancy with someone else, in which case it became property of other person and...
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1 Answer | Asked in Probate for Illinois on
Q: I asked a question 6 days ago. My father signed a document in july 2006,he was diagnosed with dementia &alzhiemers in

late 2003the document was an amendment to trust,i have proof,can I get the amendment tossed out?

Ben F Meek III
Ben F Meek III
answered on Feb 7, 2018

Maybe, but a diagnosis of dementia alone will not be enough. You'll have to show that at the actual time he signed the Amendment he lacked the mental capacity to understand what he was doing and form the required intent. Dementia usually progresses over time -- sometimes more quickly than... View More

1 Answer | Asked in Probate for Illinois on
Q: My mother recently died without a will. Should I wait for the state to contact me about probate? She owns real estate.
Ray Choudhry
Ray Choudhry
answered on Feb 7, 2018

The state is not going to contact anybody.

You are an heir and have a right to probate her estate.

That means collect her assets, including selling the house, and pay her bills.

What is left goes to her heirs.

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: Family law

My brother passed away in 2017, he was living with his girlfriend of 20 years. My father was the next of kin and was never called and she made all the decisions. Our family has tried to ask her questions about finances etc but she has shut all of us out....do we have any rights?

Ray Choudhry
Ray Choudhry
answered on Feb 6, 2018

If she did not open an estate, you or you father have a right to open one and be appointed administrator.

As such you have a right to all information concerning your brother.

It may very well be that everything was jointly owned by him and the girlfriend.

If so, there would...
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1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: My daughter just turned 18, does she need to go back to probate court in order to get access to her money?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2018

If the money is in a trust, its terms probably control when she gets money from it. If the money is not in a trust, what is the source of the money you're asking about? More information is needed to answer your question.

1 Answer | Asked in Probate for Illinois on
Q: Mom passed in 2013. Saw a probate case from 2006 online. Could it be hers since she was still alive? Chicago, IL

passes Jan 2013

I have a case number but when I looked it up, it stated the first 2 numbers were the year. Could this be my mom, even though she was still alive? Or is it another woman with the same name since she was alive? How can we find out any additional details?

Ray Choudhry
Ray Choudhry
answered on Jan 26, 2018

She could have been listed on a case to do with someone else, such as a relative.

Contact the Clerk of Court to find out how to get copies.

1 Answer | Asked in Probate, Elder Law and Estate Planning for Illinois on
Q: Can I sue my mothers cousin for obtaining a family heirloom from her under false pretence and never returning it?

My mom born 1925. Her mom, my grama hand made a baptism gown for her, then my uncle wore it in 1928. After that, it was borrowed by other family, but always returned to my grandmother, who an eye on it. Gram died in '85, left the gown to my mom, Our children were born in '88, '91,... View More

Ray Choudhry
Ray Choudhry
answered on Jan 21, 2018

If mother is alive, she can settle it.

Otherwise, you will need proof that she gave up ownership.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Hi I want to know what is a contact person on someone's will?

My grandmother recently passed away. 2 weeks after funeral I was told there were multiple people on her bank accounts. Knowing that I was the beneficiary and was told she changed that I called bank of America estate unit to ask if I am on any accounts or beneficiary. One lady told me she will... View More

Ray Choudhry
Ray Choudhry
answered on Jan 19, 2018

She seems to have said that she updated your contact information.

That doesn't mean they will contact you.

Looks like they don't show your name on any of her accounts.

1 Answer | Asked in Probate for Illinois on
Q: How long does a person have to put property through probate?

My mother (deceased, 2008)and her sister (2years w/dementia) own property; my Aunt w/dementia was the executor of the original will, but never put the Will through probate (over 17 years ago). Does my Aunt's power of attorney transfer to her now power of attorney because she has dementia? If... View More

Ray Choudhry
Ray Choudhry
answered on Jan 19, 2018

As of now, the great aunt owns the property.

If she had a will and the executor does not probate the will, any heir can ask to probate it.

Once the estate is opened, it will go according to the will.

If it went to mother and aunt, each will receive one-half.

The...
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1 Answer | Asked in Probate for Illinois on
Q: My mother passed away and my two brothers were left as executors to the estate. They hired the lawyer that my mom place

They hired the lawyer that my mom placed in charge of the will to the estate. I thought the lawyer was supposed to notify the siblings when the will would be read? Her house sold just sold seven days ago and no one was notified. Their lawyer did not even tell us when the will was going to be... View More

Ray Choudhry
Ray Choudhry
answered on Jan 16, 2018

There is no reading of wills.

The executors will go to court and be appointed.

Then, if they have not already gotten consents from all the heirs, they will send notices with the probate papers and will attached.

This is to allow people to challenge the will.

1 Answer | Asked in Estate Planning, Banking and Probate for Illinois on
Q: Can my father take me off the trust my great grandparents set up hes not my biological father but did sign birth cert.

My great grandparents left me and my sister a trust by name it also stated it would be split with any other biological children. My father is claiming he is taking me off since im not his biological child. But he did sign my birth certificate on the day i was born knowing my mom was already... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 14, 2018

The answer is going to depend on the exact wording on the trust. It would be unusual for the person creating a trust to give someone else the power to determine who benefits from it.

1 Answer | Asked in Probate for Illinois on
Q: Since I share a bank account with the deceased, is it mine or part of the estate?
Ray Choudhry
Ray Choudhry
answered on Jan 10, 2018

Accounts can be set up in a number of ways.

If it is a plain joint account, then the account belongs to the joint tenant.

1 Answer | Asked in Probate for Illinois on
Q: My mothers estate has been in probate for over a year. Very simple estate. I recived an"inturm" report then nothing for

Lawyer will not return my many many calls over last 6 months. He is executor. Sent an interm report 8 mo ago. Now no response?? Is that usual?

Ray Choudhry
Ray Choudhry
answered on Jan 2, 2018

You can schedule a hearing for status on the estate.

Then the executor will have to explain what is going on.

You will have to pay a filing fee to enter your appearance in the case.

1 Answer | Asked in Elder Law, Probate and Estate Planning for Illinois on
Q: Probate case open now over 2 years after death of intestate uncle due to guardian's no response by guardian =(aunt).

We heirs at law do not wish to pursue malfeasance by attorney or estranged Aunt (age 87) , but would rather "confidentially" like to appoint a third party to pursue the issues with the court / judge etc. in order to close the existing extended probate case.

Also, if necessary,... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 29, 2017

You don't get to "confidentially" pursue the issues with the court. If you think there's a problem, hire an attorney. It is also not clear how you are an "heir at law." Was your estranged aunt married to the deceased uncle? Did your uncle have descendants who survived... View More

1 Answer | Asked in Family Law and Probate for Illinois on
Q: My ex and I wanted to kee our sons ashes. Now she is saying she wants to bury them. Anything I can do?

My ex was keeping my sons ashes from me and I told her I wanted half. Now she is saying she is just going to bury them and I do not want them buried. I want to keep them.

James G. Ahlberg
James G. Ahlberg
answered on Dec 20, 2017

If by "ex" you mean ex-spouse, what do your divorce papers say about control of the ashes? If the subject is not addressed in the divorce papers, or you weren't married to each other, or the child died after the divorce was finalized, you can either keep trying to persuade her or you... View More

1 Answer | Asked in Family Law and Probate for Illinois on
Q: My ex girlfriend is keeping my sons ashes from me. I asked her to split them 50/50 and she won’t. Can anything be done?
James G. Ahlberg
James G. Ahlberg
answered on Dec 19, 2017

Did you sign paperwork at the hospital when he was born which stated you are the father? Is your name on his birth certificate? Is there a court order declaring you to be his biological father? If you can answer any of the "Yes," I suppose you could sue her for half the ashes, but... View More

2 Answers | Asked in Foreclosure, Civil Litigation and Probate for Illinois on
Q: What form do I need to file in order to be added to a forclosure case, and speak on behalf of the heirs/ defendants

My grandmother passed and the family wasn't aware of the forclosure. My mother's name is also on the deed. My grandmother never took her off before she died.

Ray Choudhry
Ray Choudhry
answered on Dec 18, 2017

Did the grandmother put the mother's name on house after she took out the mortgage.

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