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Illinois Probate Questions & Answers
1 Answer | Asked in Family Law and Probate for Illinois on
Q: My mother ashs

I don't have slot of money to sue her but I'm willing to do anything how do I get the paper work

James G. Ahlberg
James G. Ahlberg
answered on Dec 18, 2017

You'll need to contact a local lawyer for information applicable to the court system in your county. Illinois has 102 counties and different counties have slight variations (and sometimes big variations) in how they handle things. What occurs to me is that you need to file a lawsuit in... View More

1 Answer | Asked in Family Law and Probate for Illinois on
Q: I'm trying to find a way that I can legally obtain my mother's ashes

I'm trying to find a way that I can legally obtain my mother's ashes my grandma is trying to say that she has rights to my mother's ashes and I found out that she doesn't that I'm her child that I have the rights but I just don't know how to go about it

James G. Ahlberg
James G. Ahlberg
answered on Dec 18, 2017

If your grandmother won't give them to you your best bet is to talk to a lawyer. It's possible your grandmother would respond appropriately to a letter from a lawyer explaining you have the right to the ashes; if not you need to decide whether you are willing to sue your grandmother to... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Fathers Will in which his executor has passed. I have the will from his lawyer as well as death certifcates.

A sibling not only lied to funeral director and said she was me to get certifcates, she is also going around with a Will that has been amended.

James G. Ahlberg
James G. Ahlberg
answered on Dec 14, 2017

If the will you have is genuine and dated after the will your sister's using, contact a lawyer at once and get it on file at the Circuit Clerk's Office for the appropriate county. The lawyer will have to take steps to deal with the sister. If the will the sister has is dated later than... View More

1 Answer | Asked in Family Law, Probate and Real Estate Law for Illinois on
Q: I would like to be excluded from the proceeds of mother's house, how do I do that
James G. Ahlberg
James G. Ahlberg
answered on Jan 11, 2018

You don't provide enough details that anyone can give you a good answer. Did she die? Is it in an estate? Is she alive but selling the house with the intention of giving each of her children a share of the money? Is the house solely in her name, or is your name on the title as well? Too many... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My brother in law drowned while out of state 5yrs ago, his body was never found. How do I have him declared deceased?

There are plenty of news reports about the search. He lived in Illinois, drowned in Arkansas.

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

It depends on whether he had a will or not. If he had a will, the situation is governed by Section 6-20 of the Probate Act. If he did not have a will, it is governed by Section 9-6. Go to a lawyer experienced in handling estates about this. The process is somewhat involved and must be done... View More

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: Is no mention in my mom‘s estate final account Of the life estate Given to her by her father who is still alive.

My brother, executor for mom, already sold house that was in life estate. Have Heard nothing about the farm, no paperwork in mom‘s estate papers at the courthouse. Where would I look for them? Was it legal for him to sold that house while Grandpa alive

James G. Ahlberg
James G. Ahlberg
answered on Dec 5, 2017

A life estate means a person can possess the real estate until his or her death. Once they die it passes to the person the grantor designated as taking the property after the life estate ends (referred to as "the remainder"). It is possible for the grantor to name himself as the person... View More

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: If you parents divorce and father pass away and has no Will but dies in his native county who has the rights

To close banks accounts and take over the life insurance and properties if he left no Will or beneficiary

Ray Choudhry
Ray Choudhry
answered on Dec 5, 2017

His heirs inherit.

The ex-wife has no rights unless there are left over issues from the divorce.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can hospitals withhold info on your parent's medical situation if they are told to by the eldest sibling

The sibling is lieing about being the eldest, and the nurses are still not listening. The head administrator nurse said in Illinois law the eldest gets to decide what happens to the parent if their is no spouse, just because your the oldest.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 1, 2018

Being the eldest offspring of a parent is irrelevant. Even without a health care power of attorney, a child of the person hospitalized should be able to know what the condition of the parent is. The nurse administrator is wrong about the notion that the eldest offspring is the only person to make... View More

1 Answer | Asked in Criminal Law and Probate for Illinois on
Q: Hello, I am a 16 year old facing a felony burglary charge. I am predicting probation, can I refuse to be drug tested?

I am on home detention currently, and being drug tested till my next court date.

Juan Ooink
Juan Ooink
answered on Nov 27, 2017

No, if the Judge orders that you are to be drug test you have to be drug tested. This is a question for your attorney and an issue for you attorney to address in court.

1 Answer | Asked in Family Law and Probate for Illinois on
Q: My husband father passed away when he was a child and his grandmother raised him she also has 3 adult children if she

Does not have a will , do they split everything that would have went to his deceased father we are in Illinois

Ray Choudhry
Ray Choudhry
answered on Nov 16, 2017

When somebody dies without a will, it goes half to spouse, if there is one, and half to children.

If any child has predeceased, his or her share goes to that child's children.

1 Answer | Asked in Contracts, Family Law and Probate for Illinois on
Q: My grandmother died and her new husband is trying to take all of her things. Can he do that?

My grandmother died recently and her new husband is trying to keep all of her things and her house from a previous marriage. The house in question belonged to my grandfather and grandmother and through a joint will was to be left to my mother upon my grandmothers death. He new husband is now trying... View More

Ray Choudhry
Ray Choudhry
answered on Oct 10, 2017

The first question is who exactly owns the house.

If the house was in joint tenancy, then it would belong to the grandmother upon grandfather's death.

Did the grandmother deed it. If not it would belong to her estate.

Her will would then come into play.

Did she...
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1 Answer | Asked in Probate for Illinois on
Q: Is it fair game for an administer of the estate to ask the judge for non estate related expense reimbursements?

For example, if she travels to our brother's wedding solely for the purpose of enjoying the wedding can she claim airfare for her family on that expense? She is an independent administrator of the estate.

Ray Choudhry
Ray Choudhry
answered on Oct 1, 2017

Does not seem estate related.

Make her file a claim and then contest it.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: How can I get my personal belongings, items gifted to me in fathers will, and business items which have been locked up.

My mother had no will, does that make my deceased father's will go into effect he died in 2011 she died in 2016. Items have been locked up in the house since February. My business and my drivers license are registered at the residence as I resided there part time and business ran out of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 27, 2017

Go to the IL Secretary of State and change your address for the driver's license YESTERDAY. You should list your actual residence for that anyway.

Go to wherever your 'business' is registered and change that address too. Get a PO box if nothing else, but again, do that...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My mother had no will, does that make my deceased father's will go into effect he died in 2011 she died in 2016

I also have personal belongings, items that my father left me in a gift section in his will, as well as business items to run my business which have been locked up in the house since February. My business and my drivers license are registered at the residence. How can I get these items as my older... View More

Ray Choudhry
Ray Choudhry
answered on Sep 26, 2017

Your father's estate is separate issue.

Probably there was no probate because it was all in joint tenancy and went to widow.

Question now is on mother's estate.

If she owned property then her estate may need to be probated.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: If I was awarded property from estate in probate due to debt owed by Deseased can the bank take it from me
Ray Choudhry
Ray Choudhry
answered on Sep 25, 2017

No one inherits until all the estate debts are paid.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: grandfather dies and 4 grand children are left the home but my husband has lived in the home for the past 16 years?

my husband has lived in the home he shared with his grand parents for the past 16 years his brothers and cousin have never spent any time in the home nor never visited, now that the grandfather is passed and grand mother the brothers want him to sell but he will then have no where to live since he... View More

Ray Choudhry
Ray Choudhry
answered on Sep 19, 2017

Who does the house belong to.

That is the person he needs to talk to to buy the house.

1 Answer | Asked in Probate for Illinois on
Q: my sister passed with no will. She has no husband or children. I have power of attorney. Can I sell her house. She lived

in Chicago

Ray Choudhry
Ray Choudhry
answered on Sep 14, 2017

Power of attorney ends when she dies.

You will have to open an estate.

1 Answer | Asked in Family Law and Probate for Illinois on
Q: I have a Probate Case number but can't find any information on the WILL.

In Cook County, Illinois

Ray Choudhry
Ray Choudhry
answered on Sep 11, 2017

The will should be in the court file or else it is lodged with the clerk of court.

1 Answer | Asked in Probate for Illinois on
Q: Will the Small Estate Affidavit (SEA) for Cook Cty also satisfy the SEA needed by the IL Sec of St for title transfer?

Or do I need to prepare both forms for my recently deceased mother? The forms posted by Cook Cty and IL Sec of State are slightly different. In addition to the car title transfer, I need to provide a form for an investment account.

Josh Rohrscheib
Josh Rohrscheib
answered on Sep 13, 2017

The safest bet is using the form from the Illinois Secretary of State.

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