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Illinois Probate Questions & Answers
1 Answer | Asked in Probate for Illinois on
Q: I was appointed the executor of my ex-husband's estate when we were still married

- he just died and never changed it. I don't want to do this - what should I do?

Ray Choudhry
Ray Choudhry
answered on Sep 8, 2017

If will written before divorce, then ex is treated as having died before the deceased.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Illinois on
Q: my husband went and wrote up a wil no lawyers he said i will have to sale everything and split it with his children

my husband and his kids went and wrote up a will saying i was to sale everything and split it with his kids the place we own is in my name can this happen his will was only written up by his daughter since we are married can he do this ?

Ray Choudhry
Ray Choudhry
answered on Sep 7, 2017

When he dies the only thing in issue will be the stuff that was in his name alone when he died.

Your house is in your name and has nothing to do with his estate.

You as widow will get $20,000 off the top.

No matter what his will says, you will get one-half of the rest....
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1 Answer | Asked in Civil Litigation, Contracts and Probate for Illinois on
Q: Filed suit as administrator of estate for breach of contract. Do I answer interrogatories on my knowledge or decedents?

Interrogatories are directed to me as administrator of estate in which I filed suit against insurer. Are my answers on my knowledge or my knowledge of what the estate/decedent knew?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

That's a very good question, but the answer much depends on the interrogatory itself. However, as the administrator of the estate you are the fiduciary and thus you are answering for the estate. The questions directed to you personally may be irrelevant unless it had to do with who may be the... View More

1 Answer | Asked in Probate and Legal Malpractice for Illinois on
Q: If my attorney discovered that another attorney knowingly filed fraudulent documents to a county recorder for my sister,

Is he obligated or he has ethical standards to report him. Of course it helps me out with my case. The reason behind this question is how I am going to decide on a attorney. I am 100% positive about the fraud, but there is a chance a legal aid in the office could have filed it without his... View More

Ray Choudhry
Ray Choudhry
answered on Aug 20, 2017

He is required to report known unethical conduct.

Sometimes people jump to conclusions.

1 Answer | Asked in Elder Law and Probate for Illinois on
Q: I am in the process of putting my mother in a memory care facility, she has dementia.

I have a brother who lives with her, thisis her place....i believe there is abuse, i put the monies down for her palce at the facillity, but i am doing this to protect my mother from his abuse...he is angry that I did not discussed with him about placing her in a facility....do i need to let him... View More

Ray Choudhry
Ray Choudhry
answered on Aug 16, 2017

Do you have guardianship or power of attorney to do this.

2 Answers | Asked in Family Law and Probate for Illinois on
Q: What is staute of limitations to file probate claim after I was tricked by my father sibling to retrieve property?

Father's deceased on Feb. 2015 his brother claim my dad has a will his niece's is the beneficiary she inherit his life insurance policy. His sibling filed small estate affidavit to claim his bank account, two cars, and a house. What is statute of limitations to file a probate claim in Illinois

Stephanie Sexauer
Stephanie Sexauer
answered on Aug 12, 2017

A will would have been needed to have been filed within 30 days after death with the circuit clerk in the county where dad resided. A small estate affidavit may have been used to access the bank account and gain title to the cars, but whoever utilized would've been required, by penalty of... View More

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2 Answers | Asked in Family Law and Probate for Illinois on
Q: In the case of no will and deceased was in 3rd marriage. His only son is trying to get heirlooms and HIS motorcycle.

Can she hide items from him. And threaten restraining order? Even with the ashes. She's held no service. Won't talk to deceased sisters. It's been 4 months since he died. What legal rights does my son have. And how does he gets his motorcycle back. Title is in her house.

Ray Choudhry
Ray Choudhry
answered on Aug 13, 2017

If motor cycle title is in his name, he can go get a duplicate title from Secretary of State and then bring police to retrieve it.

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1 Answer | Asked in Personal Injury and Probate for Illinois on
Q: Probate court mail checks to the person in charge he's holding the checks demanding we pay him money before he send them

Our what to do

Stephanie Sexauer
Stephanie Sexauer
answered on Jul 28, 2017

You should call a probate attorney who practices in that county in Illinois.

Stephanie M. Sexauer is an attorney who focuses her practice in probate law, and practices in Chicago (Cook County), Illinois. Responses provided are for general informational purposes only, based upon the limited...
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2 Answers | Asked in Probate for Illinois on
Q: Is an executor under any legal obligation to show me a will if my minor son (but not me) is named in it?
Stephanie Sexauer
Stephanie Sexauer
answered on Jul 20, 2017

It depends. If your son has a guardian (and he will need to, if he's going to be a taker), then the Guardian will need to be informed. Usually, a parent of a minor is the person appointed.

Best of luck to you!

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1 Answer | Asked in Probate for Illinois on
Q: How do I go about accessing a deceased person's will? I know he person has a living will but his wife claims he doesnt

His will had many specifics allocated to different family members, but it is mysteriously gone after he passed away. No one has been able to find it and I don't know exactly where he would have made the will at. He passed away in Woodford County, IL.

Ray Choudhry
Ray Choudhry
answered on Jul 17, 2017

The law allows a person to revoke a will at anytime.

If one can't be found, it will be presumed that he didn't have one when he died.

If there is a copy of a properly executed one, it could be probated but will involve explaining why the original cannot be found.

1 Answer | Asked in Tax Law, Estate Planning and Probate for Illinois on
Q: Unclaimed Property in Illinois - Taxes? Which heir should claim?

(1) My three siblings and I just found that our deceased parent and grandparents have unclaimed property in Illinois. Some of this property is dividends, some is funds for liquidated stocks/bonds not surrendered, some is insurance-related, and some is refunds/rebates. Will we pay taxes if we claim... View More

Ray Choudhry
Ray Choudhry
answered on Jun 29, 2017

How does it get from the deceased to you.

1 Answer | Asked in Probate for Illinois on
Q: If my father passed and had no assets but a small bank account do I need to go to probate?

Along with the small bank balance, he also had life insurance (again small < 8k$) and I filled out the paperwork with his union listing myself and 2 brothers as the beneficiaries. I am the executor to the will. I am paying out of pocket right now for death related expenses. He has no other... View More

Ben F Meek III
Ben F Meek III
answered on Jun 21, 2017

If your father owned no real estate when he died and his estate is small, as you say, you probably do not need to begin probate proceedings. If he had funds in bank accounts (as long as the combined assets of his estate do not exceed a certain threshold [in Illinois, I think it is $100,000 but... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: Quit Claim Validity..Is a quit claim valid and legal if the consideration amount recorded is fraudulent and

no financial transaction actually occured.

Ray Choudhry
Ray Choudhry
answered on Jun 17, 2017

Deeds don't normally show the consideration.

A token amount such as $10.00 is all that is needed.

Often, there is no consideration.

For example, parents gifting a house to their child.

1 Answer | Asked in Probate for Illinois on
Q: My grandmother's assets are in Illinois, but she died in South Carolina. Where is the will probated?

The estate is very small (less than $5,000) and the outstanding bills will most likely take all of this. Can I file a small estate affidavit if there are bills to be paid?

Ray Choudhry
Ray Choudhry
answered on Jun 1, 2017

Depends on kinds of assets in Illinois.

Estate is probated where she was resident.

Sometimes, ancillary probate is done where assets are located, such as real estate.

2 Answers | Asked in Family Law, Foreclosure and Probate for Illinois on
Q: State has Lein on home! How long do we have to get things out after the occupant passes away
Ray Choudhry
Ray Choudhry
answered on May 20, 2017

Question is unclear.

State has lien. What kind of lien.

How long to get things out after occupant dies. How are you connected to the deceased. Did the deceased own or rent.

Has an estate been opened.

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1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: I live in Ilinois and need to file as executor of an estate before everything goes south.What are my cheapest options?

Do I have to file with an attorney or can I do this myself?

Ray Choudhry
Ray Choudhry
answered on May 18, 2017

There is no legal requirement to employ an attorney to probate an estate.

It is quite a complex procedure. That is why executor's hire an attorney.

The attorney's fees are paid by the estate.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: I lived my grandmother for 7 years

she put her house in my aunts name now that she has passed away my aunts kids want to claim things of hers (my grandmothers) when I'm home they come in without knocking & just take stuff 1 is that legal 2 its it a civil matter that police would not handle I don't think they deserve... View More

Ray Choudhry
Ray Choudhry
answered on May 17, 2017

From what you say, the house belongs to the aunt.

She can let in whoever she wants.

As to your grandmother's things, if she had no will, they go her heirs.

2 Answers | Asked in Civil Litigation, Contracts, Family Law and Probate for Illinois on
Q: My uncle pass away on April 24 I took care of him and his business for last 10 yrs do I have right has his care taker
Ray Choudhry
Ray Choudhry
answered on May 4, 2017

Assuming he was disabled, you don't fall in the category of near relative entitled to a statutory claim for taking care of him.

If you were taking care of his business, weren't you getting paid.

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1 Answer | Asked in Probate for Illinois on
Q: My mother ( 3 kids) & step (1 kid) dad died and left a trust but no will can be found.

the trust leaves the farm to all 4 kids. But my step dad kid said he will never honor the trust because he feels his dad would leave the farm to him only. what kind of attorney do I need?

Ray Choudhry
Ray Choudhry
answered on Apr 27, 2017

First, get a copy of the deed which conveyed the farm into the trust.

Then get a copy of the trust.

If the farm was deeded into the trust, then what the trust says counts.

Everything else is talk.

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