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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
Congratulations for considering an estate plan! It's so important to do this as soon as you're able, but we know most people don't (which makes their estates ultimately much messier and more expensive when they become disabled or die). I'm assuming you're...Read more »
There's also a house he claimed he bought from my parents I asked him
Show proof he will not its part of the asset well time is up and he will not add the house just wants to split the trust as is what is my legal right he also had to take money out of the trust fund to pay off this... Read more »
If you are a beneficiary you have a right to see at least some of the trust paperwork, and likely all of it. Some trusts may include language limiting information which can be shared. It sounds like your brother is the named trustee. To start, you can ask to see the names of trustees in the...Read more »
When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is...Read more »
Those who don't want to sell can buy the fair market value of those who want to sell. Otherwise, there may be language in the will or trust which has provisions regarding the sale of items such as a specific number or % of beneficiaries required to sell assets.
Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.
I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... Read more »
It is very likely that the initial attorney represents the executor of the estate, not the individual beneficiaries. The executor would be entitled to pay that attorney out of the estate funds, so yes, your share as well. The attorney you hired to represent you personally will be paid by you...Read more »
My father want to be sure that I maintain his home when he passes, but we're not sure how to accomplish this. We're in St. Clair County Illinois. When we called the county, we were told to reach out to a lawyer.
There are a few options. First, your father can leave the home to you in his will. Second, your father could execute and record a Transfer on Death Instrument (TODI). This document should be immediately recorded in the County Recorder's Office and becomes effective upon your father's passing.
To start off, I'm really sorry to hear you're going through this. From what you say, it sounds like your father is wrongfully withholding/assets from you. I'd be happy to speak with you about some options, if you'd like to give me a call at (312)300-4743 or...Read more »
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