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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... View More 
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
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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... View More
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
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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
The deceased never collected the Annuity left to him by our Mother. It was sent to IL Unclaimed Cash.
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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
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
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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... View More
How will I know what I am to inherit
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
Help. Please
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
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.”
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
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.”
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
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
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
The poa states that I can change any and all beneficiaries.
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
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
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
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
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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
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
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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
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
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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.
I know me and siblings are beneficiaries from his job he worked is all
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answered on Nov 10, 2023
Sorry to hear about your father. First, I presume since he is on a ventilator, he is not conscious or competent to answer questions about whether he has a will or not. Second, as long as he does not have a spouse (who is currently alive and to whom he is currently married), you and your siblings... View More
I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting... View More
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answered on Nov 9, 2023
If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The... View More
She lived in wisconsin.
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answered on Sep 6, 2023
After she passes, yes if you are still a beneficiary. Until then, no.
Me and my ex wife won a lump sum from a settlement from a malpractice suit our son received his amount and is not available until he is 18. Is there a trust I can have his money put in so when he turns 18 he will get a small portion amount or being able to withdraw funds for college if he decides... View More
answered on Jul 13, 2023
Sounds like the settlement proceeds for your son were placed only a restricted bank account. The better choice would have been to place the money in a structured settlement, which the money could have been paid out in portion throughout time. You will need to consult with an attorney in your area... View More
I paid the truck off and would like for our son to have it. My name is on the title too.
answered on Jul 13, 2023
You should look at the Illinois Secretary of State information relating to the transfer of jointly owned title from a decedent's estate. This link should help. https://www.ilsos.gov/publications/pdf_publications/vsd275.pdf
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