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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My mother passed and there is no will, my sisters and I agree to sell the home and split the money, how do we do that?

My mom had nothing in writing, but the 3 kids are in agreement to sell the home and split the money, how do we do this? I actually want to buy my sisters out. I am currently living in the home, I moved in to pay the bills while mom was to be in a nursing home for an indefinite amount of time, she... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Oct 5, 2020

If a decedent passes without a will and the estate has a value exceeding $100,000, then you need to open an estate and someone must be appointed as the Administrator of the intestate estate. There is a slew of information the court will want at the beginning stages in order to determine who should... Read more »

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: Do I have to appear in IL estate court if I get a subpoena during covid while concerned for mine & spouse's health?

I received a supoena for IL estate court for my deceased father's estate & and I am concerned for my health (asthmatic) & my spouse at home with prexisting health issues. If I raise this concern, can I be relieved from attending?

Cheryl Powell
Cheryl Powell answered on Oct 4, 2020

Call the lawyer that subpoenaed you. Or the Circuit Clerk's office in the county where you are supposed to testify. Ask if you can appear by zoom instead. Although you are in Benton, I am not sure in what county you are supposed to testify. We have Zoom court for most civil things in... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Estate Planning for Illinois on
Q: Can they put a lien on my moms house over my deceased dads debt that she didnt agree to?

My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... Read more »

Robert Shipley
Robert Shipley answered on Sep 10, 2020

I am assuming that the home was owned jointly by your mother and father. That being the case, if the contractor completed the work, if they choose they can record a lien for the value of the work which has not been paid.

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1 Answer | Asked in Estate Planning for Illinois on
Q: I live in Illinois, Im turning 18 in 5 days, when i turn 18 im wanting to go live with my boyfriend in Pennsylvania.

Im going to drive to him, but my car is in my parents name and my phone also that they gave me. if i go to him can they take my stuff from me?

Charles E. Hutchinson
Charles E. Hutchinson answered on Aug 24, 2020

The car and the phone belong to your parents because they are titled under their name. Yes, your parents have total control over their use. These items were not "gifts" but things which your parents own and let you use. If you do take the car and phone and refuse to return them if... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: I recieved a check made out to my deceased brother. Can I cash it by signing it in his name and undersigning it in mine?

I am his brother. Also the executor of his will and the only person named in his will.

Charles E. Hutchinson
Charles E. Hutchinson answered on Aug 15, 2020

Typically a bank will not accept that. Signing your brother's name is a forgery. Acting as though your brother has signed the check over to you is a fraud. More important is from whom or where is the check? Does your deceased brother deserve the money? If you take the money, and it turns... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: I live in IL. My CA friend wants to make me her power of attorney. How do we go about this?

I cannot travel due to pandemic. How can this be carried out the easiest. She also needs her will revised. Do any attorneys make house calls? She is 92.

Charles E. Hutchinson
Charles E. Hutchinson answered on Jul 20, 2020

Your friend needs to contact a local attorney in California. You do not need to do anything for her to make you her power of attorney or for her to revise her will. That will be handled between her and her attorney who is licensed to practice law in California.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My step mom owns an apartment building that she wants to sell that was left in a will to her from her deceased mother

My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... Read more »

Robert Shipley
Robert Shipley answered on Jul 13, 2020

The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Dad died & step-mom selling marital home. His Will names only current wife for all assets but title is tenants in common

Father died & step-mom is selling their marital home. His Will only named his current wife. Upon selling their marital home of 30 years she remembered the title is joint tenancy with 50% to her and 50% to his 4 heirs (2 are her biological children with him and 2 are only his biological... Read more »

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

It seems you have property rights in the home. I believe she is mistaken that your property rights will be wiped out in the probate court. You were given the property before your father died, which means that part of the property does not go through probate. I would not sign the quit claim deed if... Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: If I am the appoint administrator of my child’s estate in a lawsuit am I the one who would distribute the money?

I am legally divorce with my husband but we both signed a document appointing me adminIstrator of the estate we are finalizing a lawsuit. Am I the one who distributes the funds to him and our children or who is the one responsible to do that ?

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 19, 2020

Yes, the administrator of the estate is responsible to ensure the bills are paid, the taxes are paid, the assets are accounted for, any specific gifts are properly distributed, and the remainder of the estate is then distributed per the wishes of the grantor.

There can be co-administrators....
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3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My husband passed with no will. His children are telling me they want his 2 trucks, motorcycle and trailer?

Do I have any right to the value of these after 30 years of marriage

Stephanie Sexauer
Stephanie Sexauer answered on Jun 16, 2020

I’m SO sorry to hear about this; how awful.

A surviving spouse is entitled to half the assets of a deceased spouse. Please call me at (312) 300-4743 to discuss, if you’d like.

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1 Answer | Asked in Estate Planning, Land Use & Zoning and Municipal Law for Illinois on
Q: Does Illinois require gutters? I live in Chicago and my roof is a gable roof.

If my neighbor is complaining about installing gutters, do I have to install them? Am I legally obligated to install them?

Tim Akpinar
Tim Akpinar answered on Jun 16, 2020

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to reach a local attorney, you could start some self-help research by looking into state building codes (and local ones as well, if they address the issue). If such regulations or codes exist,... Read more »

3 Answers | Asked in Estate Planning for Illinois on
Q: My dad passed (no spouse) and in his will left everything to my sister and myself.

Six weeks after his death my sister passes. She had a husband but no children. I am the executor and wondering if I have to pay out half my father's estate to her husband. Nothing has been distributed yet and they were talking about a divorce so it feels wrong to pay half of my dad's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 11, 2020

It does depend on how the will was worded. You should have it reviewed by a probate attorney.

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1 Answer | Asked in Estate Planning for Illinois on
Q: Can you disinherit a minor from your will in Illinois?
Charles E. Hutchinson
Charles E. Hutchinson answered on May 19, 2020

A person can make a claim of disinheritance in their will, yes. It must be an act of affirmation - in other words you need to state that you are disinheriting person "X". The disinherited party would still have an opportunity to show cause to a judge as to why they should take of the... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Father and mother bought a house together. She passed away and father re-married. They lived at 2nd wife’s residence.

2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?

Robert Shipley
Robert Shipley answered on May 13, 2020

Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.

Those questions must be answered. When did you mom pass away and was a...
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1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: We need a plan for the future. My husband has MS. I'll keep him at home as long possible, but we need a plan in place.

Do we sell the house? I will not have the income to make the mortgage payment and the upkeep on the house. We also have a car payment, we are upside down and have 6 years left on the loan. Should we trade down? Also a personal unsecured loan with 5 years left to pay. Help please

Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

You need to consult with a financial advisor regarding your specific circumstances. There are too many facts missing and, in any event, this forum is not for personalized advice; it is best suited to answering simple questions with general applicability. A financial advisor can help you make a... Read more »

2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: How to get control of my fathers house when he dies since I'm his durable poa
Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

Powers of attorney are automatically revoked at death. You will most likely need to be appointed executor of his estate by a probate court. However, there is a simpler procedure available if the vale of all of his assets, including house, cars, bank accounts, etc. is less than $100,000. A probate... Read more »

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2 Answers | Asked in Arbitration / Mediation Law, Divorce and Estate Planning for Illinois on
Q: My wife divorced me in secret I still have got no notice of any part of a divorce. Is this legal
Daniel J. Kollias
Daniel J. Kollias answered on May 12, 2020

If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... Read more »

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3 Answers | Asked in Estate Planning and Divorce for Illinois on
Q: Do I have rights to the marital home if it was purchased before the wedding, it is in a trust, and I’m not on the title?

The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 11, 2020

The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.

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1 Answer | Asked in Banking and Estate Planning for Illinois on
Q: Can a bank sell a vehicle from an estate sale without entering in the estate auction for everyone to bid?

My mom‘s fiancé recently passed away in September. He had a 2009 Lincoln MKS that I was driving up until two months ago when I took it to the bank for them to put it in the auction with the intention of buying it back. They told me that I had to wait until the auction opened up and bid on the... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on May 2, 2020

If you turned title to the car over to the bank, then yes - they own the car and can do with it what they want. Unless you have a written agreement with the bank that obligates them to put the car up for auction so you could bid on the vehicle, the bank had no requirement to do that.

1 Answer | Asked in Bankruptcy, Estate Planning and Probate for Illinois on
Q: My mom passed away I have her house in probate can I file bankruptcy

Or do I have to assume the loan first

Bryan R. Bagdady
Bryan R. Bagdady answered on Apr 14, 2020

A debtor's assets in bankruptcy include property received by bequest, devise or inheritance. Please review section 541 of the bankruptcy code before making any decisions. If you are inheriting the house and there is equity, you need to analyze how that equity is treated if you file for... Read more »

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