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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: I have a very complicated question I have been with a man for 9 1/2 years and he was diagnosed with Cancer in March 2019

We were planning on getting married on Christmas Eve 2019 but he was hospitalized at the U of I. They were planning on letting him sign the Marriage license application in front of the notary but his youngest adopted daughter called up and threatened to sue the hospital if they did. His condition... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 6, 2020

If he still has capacity it is not too late to make a will. There are steps that can be taken to make a will valid even if he can’t physically sign. But you need to find a local experienced estate planning attorney now. He should be sure to let the attorney know that he is worried about potential... Read more »

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Illinois on
Q: My Mother and Grandfather were on the deed to the home. Both passed with not court recorded will.

My mother and Grandfather were on the deed to the home. Both passed over 7 years ago. My father-in-law (mother's husband by law) was not on the deed or successor and stayed in the home which was not an issue. He passed 10 months ago and the home is now vacant. My mother wrote her wishes down but... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 29, 2020

The answer to your question is far too long and complex for this means of communication. Make an appointment with a lawyer who handles estates. Bring all the documents you can find that are related to the situation to the appointment for the lawyer to review.

1 Answer | Asked in Estate Planning for Illinois on
Q: A family member had a new will and POA made to change my aunt’s current one & she signed it against her wishes. Illegal?

The aunt had a nephew named as POA because her only daughter had died. The widowed son-in-law wanted control for his kids (the grandkids), so he had a lawyer make a new will and POA naming his kids. When she signed this new document she was distraught over her husband’s death and going thru many... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

Yes, she can do a new will revoking all prior wills and she can do a new POA revoking all prior POAs. She should also notify anyone in possession of the original or copies of the revoked POAs that they have been revoked. She should have an estate planning attorney help her with this to make sure... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can my grandmother sell a house in Puerto Rico that is willed out to me and my sister by my deceased grandfather.

Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2020

If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or your... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: What happens if original will states one thing, but decedent changes his mind but it wasn’t recorded?

My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... Read more »

Bryan R. Bagdady
Bryan R. Bagdady answered on Jan 22, 2020

When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance into... Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can I find out if a will was entered into Texas court by my father before his death?
James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

In Illinois a will isn't filed until after someone dies. I'd be astounded if the law of Texas is different, but a phone call to a Texas lawyer should yield a reliable answer.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My grand mother just passed December. My mom says that she has to pay upwards of 30k for inheiring my grandmother's home

Her house should be valued at upwards of 200k. I cant find anywhere online of anyone paying 30k to inherit a home? Is this true? Is there any scenario at all where she would have to pay that much money to get a home or is she lying?

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

One scenario might be that your grandmother had a mortgage on the home which had a $30,000 balance remaining

due at the time of her death.

1 Answer | Asked in Estate Planning for Illinois on
Q: 1995 vehicle stuck in a trust

I have a car that is titled in Colorado to a trust. My grandma signed the title over to me. I live in Illinois now and tried to get a new title but couldnt due to the trust paperwork being lost. Its a car from 1995 and has many many issues. I have a new car now and need to get rid of the old one.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

The successor trustee of the trust needs to provide you with a certification of trust that you can give to the motor vehicle department. This would certify who the trustee was then and who the trustee is now. That is all that DMV should need; they don't need a copy of the entire trust. Try that... Read more »

2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: How can I get a copy of my parents Will in Madison County Illinois?

My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.

Nina Whitehurst
Nina Whitehurst answered on Nov 28, 2019

Wills are private documents. The testator can choose to share copies with whomever he wishes but has no obligation to do so. They do not become public information until the testator passes. Until then they can be amended and replaced as often as the testator wishes as long as he still has... Read more »

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1 Answer | Asked in Estate Planning for Illinois on
Q: If both people die who are to receive money from a will. Who should the funds be forwarded to if any.
Nina Whitehurst
Nina Whitehurst answered on Nov 19, 2019

It really depends on how the will is worded and whether the heirs predeceased the decedent or died after the decedent died and if so how long after the decedent died. If the two heirs predeceased the decedent and the will has no remote contingent beneficiaries, then the estate would go to the... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: My mother passed and my stepfather told me that he inherited all. This was in 2016. My step father passed in Illinois le

Left all siblings except me am I entitled to anything

Nina Whitehurst
Nina Whitehurst answered on Nov 8, 2019

The answer depends on a lot of things that are missing from your question. The likelihood is high that you are not entitled to anything, but the only way to know for sure is to have your individual circumstances reviewed by a local probate attorney.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: my sister and I are 50/50 heirs to our mothers home. Both names are on title.She lives there how do we split it?

Se has lived there most of her life, and still is currently. We would like to know how we can split the house value and her buy me out. Is there a time limit? and what is probate?

Nina Whitehurst
Nina Whitehurst answered on Nov 6, 2019

Probate is the court-supervised process pursuant to which the titles to assets owned by a decedent are transferred to the decedent's heirs. You said that you and your sister are already on the title to your mother's home, so it sound like your mother's estate has already been probated.... Read more »

1 Answer | Asked in Estate Planning for Illinois on
Q: What power of attorney do you need to sign if you are dying? My friend is single mom, poor and very sick. Thank you
James G. Ahlberg
James G. Ahlberg answered on Oct 17, 2019

Three documents come to mind:

1. A will, not just to dispose of her earthly possessions, but primarily to nominate a guardian to care for her children after she passes;

2. A Power of Attorney for Property allowing someone to manage her affairs until her death; and

3. A Power...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father passed away in 2017. His father was named trustee in his Will. His father has also passed away. What's next?

My father's side of the family refuses to talk or do anything in regards to my father's estate and our inheritance.

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2019

You can hire an attorney and petition the court to appoint you as executor of your father's will if the executor named in the will refuses to do so or is deceased.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Illinois on
Q: grandfather was part of the McDonnell Douglas asbestos settlement I believe my sister is receiving and cashing my funds?

Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 2, 2019

Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.

1 Answer | Asked in Estate Planning for Illinois on
Q: my wife's father passed away about a year ago and all her siblings left POA to the eldest to sell property located in PR

and divide the proceed however they all had a argument with the eldest and now are clueless on the selling of the property. My wife has no idea what lawyer or court was used and she has no documents stating the current status of it. how can she find out if property was sold or if the testament is... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

You can find out if the property has been sold by contacting a local title insurance company. Real estate agents usually have access to such information too.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: husband pasted away 18 years ago was given money donations put money into savings accounts for the 2 girls we had

but had to use the money for things that came up can they sue me for the money

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.

1 Answer | Asked in Estate Planning for Illinois on
Q: I need help my sister has my trust in her control and I want it back
Nina Whitehurst
Nina Whitehurst answered on Sep 4, 2019

It is not possible to answer your question without more information. Please repost your question and explain what you mean by "control". Do you mean she has your original trust document in her possession and will not give it back to you? Do you mean she is the trustee of your trust and you would... Read more »

3 Answers | Asked in Estate Planning, Immigration Law, Tax Law and Admiralty / Maritime for Illinois on
Q: What steps do I need to take to become of majority status and correctly use the name? Indiana and internationally.
Tom Evans
Tom Evans answered on Jun 24, 2019

Sorry, but this does not sound like a maritime question. Also, the naming in issue did not come through. Please try trademark and copy write experts. Thank you and best regards. Tom Evans Maritime Lawyer Please see Justia disclaimer.

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1 Answer | Asked in Estate Planning for Illinois on
Q: After estate has been filed in probate court Can a probate lawyer withhold the clients deed due to non payment?
Edward X. Clinton, Jr
Edward X. Clinton, Jr answered on Jun 21, 2019

Your question is unclear. If the lawyer is refusing to prepare the deeds to deed property to you, then yes the lawyer can do that because he had not been paid.

If the deed already exists somewhere, I'm not sure the lawyer can effectively deny it to you. He or she can assert a possessory...
Read more »

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