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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning and Probate for Illinois on
Q: grandfather was part of the McDonnell Douglas asbestos settlement I believe my sister is receiving and cashing my funds?

Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 2, 2019

Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.

1 Answer | Asked in Estate Planning for Illinois on
Q: my wife's father passed away about a year ago and all her siblings left POA to the eldest to sell property located in PR

and divide the proceed however they all had a argument with the eldest and now are clueless on the selling of the property. My wife has no idea what lawyer or court was used and she has no documents stating the current status of it. how can she find out if property was sold or if the testament is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

You can find out if the property has been sold by contacting a local title insurance company. Real estate agents usually have access to such information too.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: husband pasted away 18 years ago was given money donations put money into savings accounts for the 2 girls we had

but had to use the money for things that came up can they sue me for the money

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.

1 Answer | Asked in Estate Planning for Illinois on
Q: I need help my sister has my trust in her control and I want it back
Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2019

It is not possible to answer your question without more information. Please repost your question and explain what you mean by "control". Do you mean she has your original trust document in her possession and will not give it back to you? Do you mean she is the trustee of your trust and you would... Read more »

3 Answers | Asked in Estate Planning, Immigration Law, Tax Law and Admiralty / Maritime for Illinois on
Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.
Tom Evans
Tom Evans answered on Jun 24, 2019

Sorry, but this does not sound like a maritime question. Also, the naming in issue did not come through. Please try trademark and copy write experts. Thank you and best regards. Tom Evans Maritime Lawyer Please see Justia disclaimer.

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1 Answer | Asked in Estate Planning for Illinois on
Q: After estate has been filed in probate court Can a probate lawyer withhold the clients deed due to non payment?
Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Jun 21, 2019

Your question is unclear. If the lawyer is refusing to prepare the deeds to deed property to you, then yes the lawyer can do that because he had not been paid.

If the deed already exists somewhere, I'm not sure the lawyer can effectively deny it to you. He or she can assert a possessory...
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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Does my mother have any rights to the house she lives in thats part owned by her late husband of ovr 10 yrs of marriage?

His sister and son's names are on the deed also. His sister lives in the upper portion of the house, My mother's name is not on the deed.

Ray Choudhry
Ray Choudhry answered on Jun 17, 2019

If the house was in joint tenancy with sister and son, then it belongs to them.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Own a property with my husband and grandmother. How can we transfer Gram's interest to my name only?

This is a family property, my family. In the event of divorce, I want to ensure that I maintain majority interest in the property. Gram is 93, what would happen to her portion in the event of her passing? She has outstanding debts at this time.

James G. Ahlberg
James G. Ahlberg answered on Jun 6, 2019

There's no way to answer your question authoritatively without more information. I encourage you to meet with an attorney. When you do, bring a copy of the deed establishing title in you, your grandmother and your husband. The answer to your question can only be determined by examining that deed.

2 Answers | Asked in Divorce and Estate Planning for Illinois on
Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 26, 2019

If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and money... Read more »

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2 Answers | Asked in Divorce and Estate Planning for Illinois on
Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?

Don't want my fiance to know my assets but want a prenup - is there any solution?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 19, 2019

If you are merely the beneficiary, the asset is not yours and you do not have to list it. However, if it is your account and someome else is the beneficiary, then you should and must list it. Doing so is for your own protection going forward.

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2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: My father died without a will. His wife is selling their home. Are his children entitled to any profit from the sale?

His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.

Drew Ball
Drew Ball answered on Apr 9, 2019

Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: I pay house down payment and husband will pay mortgage how to protect my investment until his contribution catches up?

About to be married. Fiance makes $100k+ but spends extravagently ($3k / month apartment in suburbs) and has no savings and no debt. I can buy a nice house outright but am scared that he will spend the rent money elsewhere rather than saving. What are my options?

James G. Ahlberg
James G. Ahlberg answered on Dec 17, 2018

You need to contact an attorney and get a prenuptial agreement prepared setting forth whatever your agreement is. In conjunction with the prenuptial agreement, consider buying the house BEFORE you get married, putting it only in your name, and keeping it only in your name. This should be discussed... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: Can I put a clause in a will that says I'll give money to my daughter UNLESS she moves abroad?
Ray Choudhry
Ray Choudhry answered on Dec 6, 2018

If this is not for an unlawful purpose, the provision should hold.

You have an absolute right to disinherit children.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father is very ill, my mother is still living and estate goes to her and in both names. Does she need to probate?

He has a will just wasn't sure if we will need to open probate if everything goes to my mom and is in both of their names

Ray Choudhry
Ray Choudhry answered on Dec 5, 2018

If father dies and everything is in joint names then it all goes to the joint owner.

If there is something in his name alone, it goes to the wife and children.

But there are spousal awards involved.

If there is something in his name alone, he needs to do a will. Not having a...
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1 Answer | Asked in Estate Planning for Illinois on
Q: If my husband and I are the joint- with survivorship on his deceased grandmothers bank accounts can they be

Taken from us?

Ray Choudhry
Ray Choudhry answered on Nov 9, 2018

If it's a true joint account, no.

That's the whole point of setting up the account.

But, if it was a convenience account, other heirs or legatees could argue that it belongs to her estate.

The signature card that was used to set up the account may help.

That is...
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1 Answer | Asked in Child Support and Estate Planning for Illinois on
Q: I have a life insurance policy on myself. The beneficiary owes child support.

In the event of my death, will the policy funds go to the child support that the beneficiary owes?

Ray Choudhry
Ray Choudhry answered on Nov 5, 2018

The policy funds will go to the beneficiary.

The person owed back child support can get a court order to have these funds applied to the back child support.

1 Answer | Asked in Estate Planning for Illinois on
Q: how is a property divided amongst surviving children of a deceased parent when no will is left?
Ray Choudhry
Ray Choudhry answered on Nov 4, 2018

Assuming deceased parent was not married at time of death, the estate is divided equally among all the children.

A deceased child's share goes to his or children.

1 Answer | Asked in Estate Planning for Illinois on
Q: My mom wants to sell a condo and my sister doesn't. They both own the condo. How do we solve this issue?

Mom and daughter are not getting along well.

Steve McCann
Steve McCann answered on Oct 25, 2018

The answer to your question is dependent on specific facts that are not provided here, such as the type of deed, the names on the deed, who has made majority of the payments, etc... As such, I recommend you organize everything in your possession regarding this matter, including the property... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: My brother filed A probate to become the independent executor can I object .

I received a letter to appear in court because my brother wants to be appointed executor. Me and my other siblings do not agree to this...do I need to hire an attorney for an objection or can I show up in court with the copy of my mom will which I did file at the court house

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2018

You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.

1 Answer | Asked in Estate Planning for Illinois on
Q: Is there a monetary amount under which my heirs won't have to pay estate taxes?
Stephanie Sexauer
Stephanie Sexauer answered on Oct 20, 2018

Heirs don't pay estate taxes; the estate itself might pay estate tax, if the estate exceeds $11,180,000.00 in 2018. The estate may also be subject to income tax if the Decedent earned income that year (the same way a person pays their own income tax each year), or other taxes. Please note, you... Read more »

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