Lawyers, Answer Questions  & Get Points Log In
Illinois Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?

The guardian, the guardian who also is executive... Read more »

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.

1 Answer | Asked in Estate Planning for Illinois on
Q: Does a third beneficiary need to put into a trust when there are two already?

There are two beneficiaries currently: daughter and granddaughter. Lawyer insists there needs to be third but the Grantor only wants the daughter and granddaughter on there.

Charles E. Hutchinson
Charles E. Hutchinson
answered on Oct 3, 2022

I think there is some confusion about what the attorney is likely asking.

Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what...
Read more »

1 Answer | Asked in Estate Planning, Probate, Tax Law and Banking for Illinois on
Q: Is there federal laws for a trust
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 14, 2022

Tax laws and ERISA Qualification laws come to mind. Banking Statutes also cover Trust Regulation. Securities Law may often be indirectly determinative. There are probably many others. Obviously Anti-Trust Statutes. State Laws control most disputes, but Trusts often involve several possible... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Illinois on
Q: Is there state and federal laws for a trust/ estate. I have found the state laws but I can't find federal laws on it
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 14, 2022

Oh my, yes, there are a TON of federal statutes that impact trust planning, too many to list. You will find a great deal in the Internal Revenue Code and also Title 42. That is not necessarily a complete list, but it is where a great many exist, and it is a good start.

2 Answers | Asked in Estate Planning for Illinois on
Q: In Illinois, is it required to have all heirs names on the estate bank account?
Stephanie Sexauer
Stephanie Sexauer
answered on Aug 22, 2022

Hi there,

No, the name of an estate bank account should include the name and title of the representative: "John Doe, executor/administrator of the Jane Doe Estate".

Thank you, and wish you the best of luck!

View More Answers

1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: Can Petitioner for Guardianship file when respondent has active Order of Protection?

Order of Protection of was filed against daughter, who then turned around and filed Petition of Guardianship on the mother requesting order of protection. Mother had not seen daughter for over 3 yrs, as mother claimed daughter harassed her, and stole large amount of cash. Eventually the Protection... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 21, 2022

Yes, the court will ignore this if they do not know about it. Somebody needs to alert either the guardian ad litem or intervene in the case.

2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Who gets IRA payout when someone dies without beneficiary in IRA but with a will and living trust? Can it go to trust?

Deceased has a will & trust, but there is no beneficiary designated in IRA (rollover and Roth). Deceased does have a spouse.

Couple questions:

1.) Who gets the payout?

2.) If it goes to estate, can the payout be directed to trust? Please note the Will has a... Read more »

Stephanie Sexauer
Stephanie Sexauer
answered on Jul 9, 2022

I’m so sorry to hear of your loss; I hope you’re hanging in there.

When someone has a trust, the purpose is to avoid probate. The way you avoid probate when you have a trust is to fund the trust by making sure the trust is listed as beneficiary (or owner) of assets. There are...
Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: What do I need to do my mother passed with no will she has estate and a vehicle thanks
Stephanie Sexauer
Stephanie Sexauer
answered on Jul 7, 2022

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

Her estate may need to go through probate. Probate court proceedings are needed when 1) someone owns real estate or 2) other cumulative assets that don't name a joint owner or beneficiary...
Read more »

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...
Read more »

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
PREMIUM
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 »

View More Answers

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
PREMIUM
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...
Read more »

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.