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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Family Law, Contracts and Estate Planning for Illinois on
Q: How did my adult son, who I have financial guardianship, with no job and no savings take out a $43000 car loan withoutme
Stephanie Sexauer
Stephanie Sexauer
answered on Apr 26, 2022

I'm so sorry to hear about this; fortunately and unfortunately, it sounds like your son is high functioning to the point he wants to drive his own car but doesn't have the capacity to understand what a car loan entails. In adult guardianships in Illinois, this is somewhat common.... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: What rights do I have as a beneficiary, can I have access to internal bank correspondence. Should I hire a lawyer.

Since ‘14 I’ve received monthly payouts from a trust set up by my brother & his wife. No taxes/fees were charged to me. He died in ‘19; she in ‘20. The only correspondence I have received from the bank over the years are quarterly reports. Yesterday, 4/6/22, I received an email notice... Read more »

Charles E. Hutchinson
Charles E. Hutchinson
answered on Apr 7, 2022

It was very nice for your brother and his wife to leave you the money they did. It is even nicer that they filed and paid the tax for you. Yes, the taxes need to be paid. I cannot emphasize that enough. I would advise you to know who the trustee of the trust is so you can speak to that person.... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: We bought a home from my dad but he passed away before being able to put it in our name. How do we transfer the deed

My dad purchased my grandmas home when she went into a nursing home and sold it to my husband and me. He died before being able to transfer the deed, how do we get the house in our name? He did not have a will and my mom and two siblings are still living. We also didn’t have a written agreement... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Feb 23, 2022

In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: our son passed away recently but did not have a will. He is umarried but has an 8 year old daughter. His estate is under

$100,000 The bank is holding his account open until any funds due are settled. All money due or collected will be given to his daughter. Do we just list her as 100% on the small estate affidavit? or should I list myself as his father? I want to give all proceeds to her but don't know what my... Read more »

Stephanie Sexauer
Stephanie Sexauer
answered on Feb 7, 2022

Sir, I'm so sorry for your loss. I hope you're all hanging in there.

While you can be the affiant of the Small Estate Affidavit, the only heir of the estate is your granddaughter. Because the amount of money she'll likely receive is over $10,000.00, there will need to be a...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Does a person need to come to a bank in person to receive their benefit from a deceased parent's bank account?

My sister and I are beneficiaries to my father's savings bank accounts but my sister is unable to leave her house. If she cannot be there in person how will she be able to collect her portion?

Nina Whitehurst
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Nina Whitehurst
answered on Jan 31, 2022

One option for solving this problem is your sister could sign a power of attorney designating someone else to collect the account for her. An estate planning attorney can help her with this.

3 Answers | Asked in Estate Planning for Illinois on
Q: My passed away last month. She had no will. Whap happen to her house and bank account?

How to change her house to my name? And her bank account ( She had only very small amount money)?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 25, 2022

There is no such thing as changing the house to your name. You need to look at the deed and determine how it was titled. if in you Mom's name alone, then you will need to open an estate in order to transfer the asset. If the house was titled as joint tenants, then the property will pass, by... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... Read more »

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: What can the disabled ward do? When the ward and guardian disagree? What options does the ward have
Stephanie Sexauer
Stephanie Sexauer
answered on Jan 17, 2022

A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Illinois on
Q: If a parent is put in a memory care assisted living by a POA. As a heir can I find or get a look at the POA

I believe fraud is Occurring

Nina Whitehurst
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Nina Whitehurst
answered on Dec 8, 2021

There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: My mother passed away in July. There is a will that states to split evenly between me and my sibling.

He paid for funeral, paid off her car, her house payment, some bills (like electric and so on until the house was sold last week. What expenses are considered acceptable? Now, when splitting the money. Does he get to factor in those expenses and basically leave me with nothing? Just doesn't... Read more »

Stephanie Sexauer
Stephanie Sexauer
answered on Nov 5, 2021

I'm so sorry to hear about your mother; I hope you're hanging in there.

Yes, it's appropriate for most costs in "finalizing" your mother's affairs be deducted from an estate before any heir receives their share. All bills of an estate must be paid, and...
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1 Answer | Asked in Estate Planning for Illinois on
Q: what power do a executor over a will have
Charles E. Hutchinson
Charles E. Hutchinson
answered on Oct 17, 2021

Executors have the power to fulfill the wishes of the grantor of the will. They have the power to pay all debts owed by the estate of the deceased, to collect money owed to the deceased on behalf of the estate, to pay all taxes, and to distribute all remaining assets after debts have been paid, to... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Estate Planning and Real Estate Law for Illinois on
Q: how to get a family member out of home.

3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 1, 2021

Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: I have been separated from my husband for years and he has recently passed away. Am I entitled to anything of his
Bryan R. Bagdady
Bryan R. Bagdady
answered on Sep 14, 2021

If your husband died with a will, you should review the provisions of the will. If he died without a will, then the Probate Act provides at 755 ILCS 5/2-1, that "Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real... Read more »

2 Answers | Asked in Employment Law, Estate Planning and Business Law for Illinois on
Q: Can I list a specific chapter of a fraternity as a beneficiary on a 401K?

I'm opening a 401k with my new employer and want to know if I can list my former fraternity's chapter specifically as my beneficiary or not. Assume that there will be no spouse in the picture and that the beneficiary will be updated if there is.

Charles E. Hutchinson
Charles E. Hutchinson
answered on Sep 13, 2021

I would NOT list your fraternity as a beneficiary to your 401K, but rather make other arrangements in your estate plan. As to if you can name a specific chapter in your fraternity - that could depend on the fraternity, so I cannot give you a good answer on that, you would need to speak to them.... Read more »

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Q: Bout identity theft. Ant inheritance

My gmaw passed away an I was post to get one fifth of the inheritance. I was in prison. Now they say that it all got stolen an there is nothing I can do. I no my mom got my gmaw van n lost it n my sis got a few things I never received anything. They haven't ss# n all my info I think they might... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Aug 4, 2021

I am so sorry that this happened to you. Your question went out to attorneys that file patents for inventions. There is not a category for paRents which is what you may have been trying to hit. You may want to add Family Law to the category set.

You may want to contact Legal Aid near...
Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Hello my name is Amber . My gma recently passed and her nephew is executer . he hasnt said much of anything of will .

he is beneficiary of her bank accounts apparently i found out there is allot of money and he isnt speaking of any of it should i get attorney i am named in the will as a beneficiary too

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jun 28, 2021

Sorry for your loss, Amber. If you are sure that there is a will, and if you are sure that your cousin is the executor, you should ask the executor. These things do take time to work themselves out, so depending on "recently", it may still have a lot of time before it is all said and... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: Do I have to be informed that I'm named to a will? How can I find out if I'm also named in the trust?

I'm from Illinois. I was named in my fathers will. There is also a trust attached to the will. I am estranged from my family so simply asking the executor is out of the question. I was never notified of the will being filed in probate (I found out doing a probate search online). My question is... Read more »

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jun 16, 2021

Being named in a will does not necessarily mean that you will inherit from the will. I doubt that the attorney who drafted the will is going to answer your questions. If the decedent's estate plan included a trust, it is very unlikely that the probate attorney will be of much help unless... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: Good Morning, I am writing to you because my mother is 83 years old and wants to get her estate done.

We do not know to go about it so if you steer us to the right direction, we would really appreciate it. Also you can let us know what would she need to get her things in order. Thank you

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jun 10, 2021

Good Morning!

Your mother should contact a few estate planning attorneys to find one she is comfortable working with on her estate plan. The attorney can discuss options based on the initial consultation about how she might best set up her estate plan.

3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My dad passed away and without my knowledge my sister sold his home and kept the money.What can I do to receive my part?
Steven J. Fromm
Steven J. Fromm
answered on Jun 5, 2021

Without knowing the specific facts it is hard to tell what is going on here. For example, if your dad had transferred the real estate to her during his lifetime, then she is within her rights to sell the property as she is the rightful owner. You could check with the Recorder of Deeds in the... Read more »

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2 Answers | Asked in Estate Planning for Illinois on
Q: I am moving to the suburbs and I have a condo I want to give the condo to my son .

There is still a mortgage on it and just want to know as long as he takes over the mortgage I want to give him the property

Charles E. Hutchinson
Charles E. Hutchinson
answered on May 10, 2021

There is not a question, only a situation. And it really isn't estate planning.

You cannot give him the property as long as he takes over the mortgage. How do you plan on giving him the property, and when? Is this transfer to be done in your will? Will you deed the property over...
Read more »

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