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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Elder Law, Probate and Estate Planning for Illinois on
Q: Probate case open now over 2 years after death of intestate uncle due to guardian's no response by guardian =(aunt).

We heirs at law do not wish to pursue malfeasance by attorney or estranged Aunt (age 87) , but would rather "confidentially" like to appoint a third party to pursue the issues with the court / judge etc. in order to close the existing extended probate case.

Also, if necessary,... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 29, 2017

You don't get to "confidentially" pursue the issues with the court. If you think there's a problem, hire an attorney. It is also not clear how you are an "heir at law." Was your estranged aunt married to the deceased uncle? Did your uncle have descendants who survived... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: Is there a reason an investigator is fishing around looking for the heirs of an estate.

I am a stepchild and received an estate heir letter from someone that said they were hired to locate the heirs of my stepmother estate. Why would this make sense if I am not in the will ?

Ray Choudhry
Ray Choudhry
answered on Dec 15, 2017

It makes sense because you would be one of the people who might have information about her nearest relatives

1 Answer | Asked in Estate Planning for Illinois on
Q: Stepmother passed away am I entitled to anything from the estate ?

My father passed away about 12 years previous and I only received 3k from a 500k estate.

Ray Choudhry
Ray Choudhry
answered on Dec 15, 2017

If she had a will, it goes according to the will.

If not, it goes to her heirs which would not include you unless you were adopted by her.

A long shot is that the father had a written agreement with her that she would leave something to you.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Fathers Will in which his executor has passed. I have the will from his lawyer as well as death certifcates.

A sibling not only lied to funeral director and said she was me to get certifcates, she is also going around with a Will that has been amended.

James G. Ahlberg
James G. Ahlberg
answered on Dec 14, 2017

If the will you have is genuine and dated after the will your sister's using, contact a lawyer at once and get it on file at the Circuit Clerk's Office for the appropriate county. The lawyer will have to take steps to deal with the sister. If the will the sister has is dated later than... View More

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My brother in law drowned while out of state 5yrs ago, his body was never found. How do I have him declared deceased?

There are plenty of news reports about the search. He lived in Illinois, drowned in Arkansas.

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

It depends on whether he had a will or not. If he had a will, the situation is governed by Section 6-20 of the Probate Act. If he did not have a will, it is governed by Section 9-6. Go to a lawyer experienced in handling estates about this. The process is somewhat involved and must be done... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: I am named beneficiary in my mothers will but it does not state what investments or insurance she had

there were no papers, or statements that had information on insurance or investments except for an IRA.

Ray Choudhry
Ray Choudhry
answered on Dec 5, 2017

Most wills don't list insurance and investment information.

It is the job of the Executor to find out.

A starting point is the previous tax return which has a lot of information on it and bank account registers which show who was being paid.

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: If you parents divorce and father pass away and has no Will but dies in his native county who has the rights

To close banks accounts and take over the life insurance and properties if he left no Will or beneficiary

Ray Choudhry
Ray Choudhry
answered on Dec 5, 2017

His heirs inherit.

The ex-wife has no rights unless there are left over issues from the divorce.

1 Answer | Asked in Estate Planning for Illinois on
Q: Aunt is executor of grandmas estate. Her executor fees before inheritance is 25k of 95k estate. Should I contest this?

There is an amendment in the trust that she “in her capacity as Successor Trustee may receive a stipend of up to the sum of $25,000 as and for compensation for her services as Successor Trustee.” Does this mean she should take the entire amount on top of her inheritance? There was no house,... View More

Ray Choudhry
Ray Choudhry
answered on Nov 22, 2017

Stipend is a fixed amount.

It could mean grandma wanted her to take whatever she wanted up to $25,000.00.

1 Answer | Asked in Civil Litigation and Estate Planning for Illinois on
Q: Can an executor of an estate be arrested for stealing from an estate account?
Ray Choudhry
Ray Choudhry
answered on Nov 10, 2017

Theft is a crime and can be prosecuted.

An executor is charged with administering the estate and has to give accounting to all interested parties.

1 Answer | Asked in Estate Planning for Illinois on
Q: My aunt passed away and no one knows if she has a will. What should we do first?
Ray Choudhry
Ray Choudhry
answered on Oct 27, 2017

If you can't find a will, then the presumption is that there is no will.

The nearest of kin needs to go to court and be appointed administrator to open and administer her estate.

2 Answers | Asked in Family Law, Estate Planning and Child Support for Illinois on
Q: Do i have to hire a lawyer in the same county as the estate of my deceased father.
Ray Choudhry
Ray Choudhry
answered on Oct 14, 2017

You are free to hire any lawyer you wish but he or she must be authorized to practice law in Illinois.

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1 Answer | Asked in Estate Planning for Illinois on
Q: I was given 9,000 right after my wife died. Did that negate the will and trust in which I was to receive nothing

My step daughter gave 9,000 minutes after my wife died. The will and trust states I am to receive nothing. By giving me the 9,000 did that negate the will and trust?

Ray Choudhry
Ray Choudhry
answered on Sep 30, 2017

Nothing was negated.

The only question is whether somebody gave you something they shouldn't have.

If so, whoever lost out, has a right to sue.

1 Answer | Asked in Estate Planning for Illinois on
Q: My father in law passed away in 2003. He has a will. The money was not to be distributed until his wife passed away

She passed away in August of this year. My husband, his son, and I have been divorced 7 years. His father has trust funds for all his children, spouses and grandchildren. How can I get a copy of the will? We have 4 children and our only minor child lives with me.

Ray Choudhry
Ray Choudhry
answered on Sep 28, 2017

Looks like father in law will not probated because no assets to probate.

However, who ever has his original will needs to lodge it with the clerk of court.

Check to see if it was lodged.

If he set up a trust and funded it, it belongs to the trust and not him.

Odds...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: How can I get my personal belongings, items gifted to me in fathers will, and business items which have been locked up.

My mother had no will, does that make my deceased father's will go into effect he died in 2011 she died in 2016. Items have been locked up in the house since February. My business and my drivers license are registered at the residence as I resided there part time and business ran out of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 27, 2017

Go to the IL Secretary of State and change your address for the driver's license YESTERDAY. You should list your actual residence for that anyway.

Go to wherever your 'business' is registered and change that address too. Get a PO box if nothing else, but again, do that...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My mother had no will, does that make my deceased father's will go into effect he died in 2011 she died in 2016

I also have personal belongings, items that my father left me in a gift section in his will, as well as business items to run my business which have been locked up in the house since February. My business and my drivers license are registered at the residence. How can I get these items as my older... View More

Ray Choudhry
Ray Choudhry
answered on Sep 26, 2017

Your father's estate is separate issue.

Probably there was no probate because it was all in joint tenancy and went to widow.

Question now is on mother's estate.

If she owned property then her estate may need to be probated.

1 Answer | Asked in Estate Planning for Illinois on
Q: Do all estates have to go through probate or just ones that meet certain criteria?
Ray Choudhry
Ray Choudhry
answered on Sep 26, 2017

Some have to be probated.

Others are probated even though not needed such as using a small estates affidavit.

Some are not probated because there is nothing to probate.

1 Answer | Asked in Estate Planning for Illinois on
Q: How do I go about writing a will when I'm a single mother of 3 children, whom I have legal and physical custody of?
Ray Choudhry
Ray Choudhry
answered on Sep 17, 2017

All the more reason you need to see a lawyer.

There are a lot of different factors that come into play that you need to be aware of.

1 Answer | Asked in Estate Planning for Illinois on
Q: What happens if a will was probated but never closed out by lawyer Approximately $60k in account, 3 heirs?

Father passed 2 1/2 yrs. ago. 4 children, he cut 1 out of will 2 yrs before death as he found out he had taken a lof of money over the years. Will probated, all bills paid, real estate sold, $60k left in estate. The 1 child contested the will & also would not move out of a house owned by the... View More

Ray Choudhry
Ray Choudhry
answered on Sep 15, 2017

So, the Estate is open because it has a claim against the brother which it is having a hard time collecting.

Why not have one or more of the 3 heirs buy the claim.for a deep discount.

Then estate can be closed..

Whoever buys the claim can then try to collect in a separate...
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2 Answers | Asked in Estate Planning for Illinois on
Q: Can property given by the decedent 7 years before death count as part of the recipient's share of the estate?

My grandmother gave me her china for my 2009 wedding, and the executor included it (as well as items given to me in 2013) as part of my intended third of the estate after my grandmother's 2016 death.

Ray Choudhry
Ray Choudhry
answered on Sep 12, 2017

If she did not mention the china in the will, then no it did not belong to the grandmother when she died.

She can only will what she owns.

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1 Answer | Asked in Estate Planning for Illinois on
Q: Can I will property to my pets, or in some way will them a stipend to ensure they're taken care of?
Ray Choudhry
Ray Choudhry
answered on Sep 12, 2017

You can set up a trust for their care.

You will need to name a human to be the trustee.

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