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Illinois Estate Planning Questions & Answers
2 Answers | Asked in Probate, Estate Planning and Family Law for Illinois on
Q: What happens to my deceased son's estate without a will?

My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More

Charles E. Hutchinson
Charles E. Hutchinson
answered on Feb 16, 2025

According to the Illinois Compiled Statutes (ILCS)

(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)

Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after...
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1 Answer | Asked in Estate Planning, Family Law and Uncategorized for Illinois on
Q: MY SISTER REFUSES TO GIVE ME INFORMATON ABOUT OR DECEASED MOTHER'S ESTATE. HOW CAN I GET THIS INFO?

My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More

Cheryl Powell
Cheryl Powell
answered on Jan 29, 2025

The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More

2 Answers | Asked in Family Law and Estate Planning for Illinois on
Q: My boyfriend and I are living together for 10 years, we were both divorced, he had no kid, I had 1 (32 y/o) .

We both would like to start with our will. Him being 73 y/o, and I am 63. We need assistance in how we can start with it, God knows, what will happen one day. Is there a form that we can get and have it notarized, for each one of us separately? I think we need the financial will, living will and... View More

David Nachman Byer
David Nachman Byer
answered on Jan 27, 2025

As an unmarried couple, albeit a long-term one, the law would not provide any transfer of the assets of each of you at your passings to the other person. You need 2 wills to achieve the results you are seeking. In them you could structure the passing of your assets and create a medical power of... View More

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1 Answer | Asked in Estate Planning for Illinois on
Q: My Father passed last month and left no will. He has a house, cars, retirement funds, investments and etc. can I become

Admin for his estate and does his estranged wife/separated for 14yrs receive anything?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 22, 2024

Yes. As an heir, you are entitled to petition the court to open the estate and be appointed as the administrator. Any of your siblings and your father's estranged wife are entitled to file such a petition. Under the Illinois statute, your father's wife and his children split the proceeds... View More

1 Answer | Asked in Estate Planning and Tax Law for Illinois on
Q: If a property is willed between 4 people and only one person is paying property taxes can that person take ownership
James L. Arrasmith
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answered on Apr 26, 2024

No, the person paying the property taxes alone cannot automatically take ownership of the property simply because they are the only one paying taxes. Here's why:

1. Legal ownership: The ownership of the property is determined by the will, not by who pays the property taxes. If the...
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1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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2 Answers | Asked in Estate Planning and Tax Law for Illinois on
Q: Is the trust or trustee liable for trust tax fraud?

Who is liable for abusive trust tax evasion schemes? The trust? Or the trustee? In other words, if a trust beneficiary has failed to privately persuade a trustee to stop committing fraud on the trust's taxes (among other offenses), and the trustee keeps doing it anyway, and the beneficiary... View More

James L. Arrasmith
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answered on Feb 22, 2024

The liability for abusive trust tax evasion schemes typically depends on the specific circumstances and actions of the parties involved. In cases where a trustee willfully commits fraud on the trust's taxes, the trustee would generally bear primary responsibility for the fraudulent actions.... View More

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My brother died homeless in MI, without a Will. What MI papers do I file with IL unclaimed property to collect as heir.

The deceased never collected the Annuity left to him by our Mother. It was sent to IL Unclaimed Cash.

T. Augustus Claus
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answered on Feb 15, 2024

To claim the annuity left by your mother to your deceased brother, who died intestate (without a Will) and homeless in Michigan, as an heir through the Illinois unclaimed property, you will likely need to obtain a declaration of heirship or a similar court order from Michigan proving your status as... View More

1 Answer | Asked in Estate Planning and Banking for Illinois on
Q: Hi! I’m asking on behalf of my grandfather. His late sister left him money in a CD along with his niece. The bank is

Located in Texas and they are stating that we have to travel to Houston and be there at the same in order to sign documents and dissolve the CD. We are in the dead of winter and my grandfather is not up for travel. Can’t the bank make concessions and complete this virtually or send the proper... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the situation you have described, here are a few suggestions that may help:

- Contact the bank and explain your grandfather's health/mobility issues and the challenges of traveling at this time. Politely request if there is any way the bank can accommodate getting the required...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: If you are a beneficiary in your fathers will and your mother is alive and the executor of the will, how does it work

How will I know what I am to inherit

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 13, 2024

The original will is required to be filed with the Court in the County where the decedent lived. You can look at the will after it is filed and read the provisions. Assuming assets in excess of $100,000 or an estate with real estate (no real estate passes through probate if it was in joint title),... View More

2 Answers | Asked in Consumer Law, Estate Planning and Family Law for Illinois on
Q: Questions pertaining to an affidavit of heirship. Very confused on paperwork

Help. Please

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 9, 2024

The affidavit of heirship is important when opening an estate. Some counties have pdf forms other require original typed word documents. You essentially need to identify the spouse and children. If there is no surviving spouse or child, then make sure there is no survivor of a predeceased child. If... View More

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2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My spouse has 2 ex wives, 0 kids, and NO WILL! Home is paid off.Should he pass away how will the estate be settled?

We do not have any joint accounts, my name is technically on nothing, and ,because of his past issues with his former spouses, he trusts no one, so I am pretty much standing at the window looking in.

When we talk about it his statement is. “ You’re my wife. You’ll get it all. Case closed.”

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jan 4, 2024

At the time of his passing, and there is no will, he is considered to have died "intestate". If he is a resident of the state of Illinois, the Illinois statute regarding intestate distribution will apply. Your situation falls under paragraph (c). (Ex-wives/husbands do not take under... View More

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2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My spouse has 2 ex wives, 0 kids, and NO WILL! Home is paid off.Should he pass away how will the estate be settled?

We do not have any joint accounts, my name is technically on nothing, and ,because of his past issues with his former spouses, he trusts no one, so I am pretty much standing at the window looking in.

When we talk about it his statement is. “ You’re my wife. You’ll get it all. Case closed.”

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 4, 2024

I agree with Mr. Hutchinson. The only thing I would add, is if your spouse eventually does prepare and execute a will, that you (as his spouse) has a right to renounce the will and take one-half of the estate. This statutory spousal right is to provide a spousal share to a surviving spouse when the... View More

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1 Answer | Asked in Estate Planning and Gov & Administrative Law for Illinois on
Q: Is it actionable for a trustee to withhold promised distributions unless a beneficiary stops exercising their rights?

Is it legal, ethical, or actionable for a trustee to withhold distributions that they previously promised to send for the beneficiary's health, education, maintenance, and support until the beneficiary sends all their family's receipts, bank, credit card, and student loan statements for... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

If the trust gives the trustee discretion to make distributions to a beneficiary based on a particular standard, the trustee is permitted to ask for evidence from the beneficiary in order to evaluate whether a distribution should be made. This is not illegal, and is often a common feature of... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: Can financial POA change beneficiaries on a trust?

The poa states that I can change any and all beneficiaries.

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

By default, a financial POA is not permitted to change beneficiaries on financial accounts in Illinois. However, the POA document itself can add in language authorizing the POA to change beneficiaries on financial accounts. Drafting attorneys will typically limit this power to only naming the... View More

2 Answers | Asked in Estate Planning for Illinois on
Q: My mom will receive $75k from inheritance. She is on Medicaid in long term care. Can we set up a MAPT now for her?

My grandparents trust from their home. Mom has Been in long term care for 2 years. In 2017, trust attorney said she could put her inheritance in a trust when time comes as mom is on Medicaid. She asked me who would administer, I specified my brother. Now we are being told they are cutting a... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

The trust you appear to be referencing is not a MAPT, but rather a special needs trust. This can either be a first party special needs trust or a third party special needs trust depending on where the funds are coming from. If your grandparents established a third party special needs trust for your... View More

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2 Answers | Asked in Estate Planning for Illinois on
Q: My mom will receive $75k from inheritance. She is on Medicaid in long term care. Can we set up a MAPT now for her?

My grandparents trust from their home. Mom has Been in long term care for 2 years. In 2017, trust attorney said she could put her inheritance in a trust when time comes as mom is on Medicaid. She asked me who would administer, I specified my brother. Now we are being told they are cutting a... View More

Nina Whitehurst
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answered on Dec 13, 2023

This is a complicated area of law with lots of moving parts and not suitable for a general forum like this. That said, a transfer to a Medicaid asset protection trust would create a penalty period. It is entirely possible that the previous attorney was referring to a different type of trust.... View More

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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: I inherited my mom's house. Can I assume the existing mortgage or do I need to refinance?

My mom created a revocable trust before she died, then amended it to specify, "Upon settlor's death, the following described real estate shall be transferred to [me]." Does that arrangement allow me to assume the current mortgage?

The Garn-St. Germain Act seems relevant here.

Nina Whitehurst
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answered on Jan 8, 2025

You do not have to assume the mortgage. Just notify the lender that you are the new owner, with documentation, and keep making the payments.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Illinois on
Q: Please help me understand exactly what this means? Real estate transfer notification

US Bank Trust National Association, as trustee of the LB-Ranch Series V Trust by SN Servicing Corp. as attorney in fact, of Eureka, Calif., sold a residence at 212 S.E. Front in La Prairie to Mike Fuhrman of La Prairie for $12,000 on May 30. I don't understand the beginning of this statement... View More

James L. Arrasmith
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answered on Oct 9, 2024

It sounds like the trust managing your grandparents' estate took action to sell the property. The US Bank Trust National Association acted as the trustee, meaning they were responsible for handling the assets in the trust. Sometimes, when an estate isn't actively managed, the trustee may... View More

1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: How to take title when buying a house with son in Illinois

We are moving to Illinois and buying a house with our son as we are in our 70's. We are taking title as joint tenancy with rights of survivorship. If we need to be in nursing home in the future and medicaid is paying, will they be able to do estate recovery on the house after we die with... View More

Nina Whitehurst
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answered on Nov 20, 2023

Your joint tenancy with right of survivorship strategy avoids estate recovery BUT could trigger a huge Medicaid penalty period. There are better ways to do this, usually involving an irrevocable trust with a reserved right of occupancy.

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