My mother's name is on the Illinois unclaimed property list, by my neglect and procrastination. Must I go through the State of Illinois/Cook County, where she resided and died, to claim this property? I would prefer to go back to the sources (Chase checking account on which I am joint holder;... Read more »
In most states once assets are escheated (turned over) to the state, that is your exclusive way to recover those assets. You must go to the state as the holders of these assets have turned them over to the state. If your state is anything like PA, this process is very detailed, complex and time...Read more »
Our dad passed recently, the brother who is the executor has taken assets without the other siblings consent and sold them or is keeping them and not returning them. He is not following what is supposed to be done. We need to know what we should do, tried talking to him but he ignores us and is... Read more »
You need to immediately retain an estate litigation attorney to bring an action for his immediate removal for breach of his fiduciary duty as executor and for him to make a complete accounting. A surcharge action needs to brought against him for losses that the estate has incurred by him stealing...Read more »
My father recently passed away. One of the siblings is the executor, but my other sister and I feel that the other sister is going against what the will says. She’s not letting us in the house, (we fear she’s already taken things that were meant for everyone to have a fair chance to pick out... Read more »
The executor is lawfully charged with the obligation and the right to marshall the estate assets. Part of the obligation of marshalling includes protecting assets. The executor would be within her rights to secure the house. Having said that, the executor is also obligated to file an inventory...Read more »
My ex husband and we will be receiving a lump sum amount for a settlement. It will be split 3 ways our child is a minor and would like to setup a account where both parents would need to be present to be able withdraw funds and show proof for what it would be used for. If our child whether is a... Read more »
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 »
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 »
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?
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 ?
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.
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 »
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 »
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 »
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?
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...Read more »
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
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 »
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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