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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Family Law and Estate Planning for Illinois on
Q: If my mom has given power of attorney to my grandparents, can I sue my gparents for POA if something happens to my mom?
Cheryl Powell
Cheryl Powell
answered on Sep 3, 2017

No. U can only be given poa. If something is wrong with grandparents, sue for guardianship.

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Deceased parents' estate left to me in will. Do i have to take ownership? Estate underwater, now city wants to demolish

My mother passed away in 2012, my father in 2010. They left their real estate property to me, but since it was underwater I didn't accept ownership. Mailed the keys and a letter stating i was not executor to the mortgage company. Now, years later, the city has summoned me to court to state... View More

Ray Choudhry
Ray Choudhry
answered on Sep 2, 2017

How did the city tie your name to the property.

That will provide the answer.

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1 Answer | Asked in Estate Planning for Illinois on
Q: What is the process by which to change the details of a will that's already been lawfully executed?
Dennis Delman
Dennis Delman
answered on Aug 25, 2017

a codicil,or modification, is utilized to change the terms of a will

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: How long after a parent dies can the heirs take over the mortgage?

Also, what would an heir need from an executor to take over said mortgage?

Ray Choudhry
Ray Choudhry
answered on Aug 24, 2017

Do you mean deed the house.

Anyone can make the mortgage payments. The bank doesn't care where the money comes from.

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1 Answer | Asked in Estate Planning for Illinois on
Q: Does probate investigate debts or can some be conveniently forgotten by executor?

Deceased used credit cards up till death and allowed family members to do the same. Trying to protect those from possible fraud charges.

Ray Choudhry
Ray Choudhry
answered on Aug 23, 2017

When an estate is opened, the Executor must notify all known creditors.

This is in addition to the publication.

1 Answer | Asked in Estate Planning for Illinois on
Q: Do you have to have a doctor present to determine when someone with dementia is of sound mind to sign their will?
Ray Choudhry
Ray Choudhry
answered on Aug 9, 2017

It is not just the signing but also knowing the contents of the will.

Dementia can mean a lot of things.

Safest thing is to have a doctor examine him and state in writing that he is competent to execute a will.

2 Answers | Asked in Estate Planning for Illinois on
Q: What is the proper way to deal with a property under contact at the time of a person's death who had a legal gaurdian?

I was the legal guardian of my father before he passed away recently. His home was under contract to sell before he passed. His attorney says a deceasant account needs to be set up with more attorney/court fees-up front to the tune of about $7600 because the guardianship judge will not sign off on... View More

Ben F Meek III
Ben F Meek III
answered on Jul 26, 2017

The problem is that you don't have authority to consummate the sale, since you are no longer the guardian (your powers terminated upon your father's death) and no Administrator or Personal Representative of your father's estate has yet been appointed by a court. You will almost... View More

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1 Answer | Asked in Estate Planning for Illinois on
Q: I opened a probate proceeding so I could gain access to my son's apartment and clean it out. Now I'm finding out that

his creditors are making claims against his "estate". He doesn't have any money beyond a small two figure sum in his checking account. How do I handle this?

Ray Choudhry
Ray Choudhry
answered on Jul 22, 2017

Looks like after expenses there will be nothing to pay the creditors.

You still have to finish probating the estate.

2 Answers | Asked in Estate Planning for Illinois on
Q: If a funeral was prepaid before death, can the person who held joint account with the deceased come back and ask

For that money back? It was the deceased persons money, paying for her own funeral, before she passed, then she passed away and her daughter that was on account is now suing her estate (which has no money or assets) for the funeral costs. Is she entitled to this money?

Ray Choudhry
Ray Choudhry
answered on Jul 10, 2017

To get paid, she has to show she paid the bill.

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1 Answer | Asked in Estate Planning for Illinois on
Q: My Aunt is suing my Grandmas Estate for funeral expenses. The funeral was paid for before she died with her own money.

My Aunt was on the account, as a person to pay her bills. She was also the beneficiary on the account. She closed the account 2 days after her death. Then filed a claim to be paid back for the funeral. Is this somethi g that she is entitled to?

Ray Choudhry
Ray Choudhry
answered on Jul 9, 2017

The joint account became hers upon death.

At that point the joint account would no longer exist.

If someone pays a funeral bill, they have priority to get paid from estate.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: If I put my house in a revocable trust can I buy a condo for myself with an fha loan?
Vincent Gallo
Vincent Gallo
answered on Jul 7, 2017

Your easiest solution is to ask the lender you intend upon using and have them respond to you in writing.

1 Answer | Asked in Estate Planning for Illinois on
Q: do power of attorney documents need to recorded in the courts?
Stephanie Sexauer
Stephanie Sexauer
answered on Jul 6, 2017

In Illinois, the answer is no. It's not a document that in its nature needs to be filed/recorded. However, there may be circumstances where it may become necessary (for example, if someone other than the agent named in the POA petitions the probate court to become the principal's... View More

1 Answer | Asked in Tax Law, Estate Planning and Probate for Illinois on
Q: Unclaimed Property in Illinois - Taxes? Which heir should claim?

(1) My three siblings and I just found that our deceased parent and grandparents have unclaimed property in Illinois. Some of this property is dividends, some is funds for liquidated stocks/bonds not surrendered, some is insurance-related, and some is refunds/rebates. Will we pay taxes if we claim... View More

Ray Choudhry
Ray Choudhry
answered on Jun 29, 2017

How does it get from the deceased to you.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: Quit Claim Validity..Is a quit claim valid and legal if the consideration amount recorded is fraudulent and

no financial transaction actually occured.

Ray Choudhry
Ray Choudhry
answered on Jun 17, 2017

Deeds don't normally show the consideration.

A token amount such as $10.00 is all that is needed.

Often, there is no consideration.

For example, parents gifting a house to their child.

1 Answer | Asked in Estate Planning for Illinois on
Q: My dad died and his live in girlfriend told everyone he had a will that left everything to her. I haven't seen a will of

Any kind my brother also lived with him when he died. Can my brother give me something from dad's house without the girlfriends permission?

Ray Choudhry
Ray Choudhry
answered on Jun 16, 2017

If there is no will, any of his children can go to court to open his estate and be appointed administrator.

After bills are paid his children inherit.

Of course, the girlfriend could claim that some of the items were hers or jointly owned.

If jointly owned, they become hers upon his death.

2 Answers | Asked in Estate Planning for Illinois on
Q: Should I leave my money in a trust for my kids? I can't figure out if this is the way to handle it

vs. just giving them the cash outright.

Ray Choudhry
Ray Choudhry
answered on Jun 16, 2017

Trust may be way to go.

Especially if they are not mature enough to handle it.

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3 Answers | Asked in Estate Planning for Illinois on
Q: bought a house during the marriage wife name not on mortgage does the house go to wife after husbands death

He has other adult children outside of marriage. We live in Illinois bought a house during the marriage wife name not on mortgage does the house go to wife afer his death

Ray Choudhry
Ray Choudhry
answered on Jun 4, 2017

Double check. Wife name should be on mortgage maybe note the note.

Mortgage has nothing to do with who owns it.

When you buy a house, you get a deed.

The deed says who owns it.

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2 Answers | Asked in Estate Planning for Illinois on
Q: How do I obtain an Executor of Estate for my sister who passed away 6 years ago? There was no will.

I need an Executor of Estate for my sister who passed away 6 years ago. Need to obtain a car title that has been lost for her car. State of Illinois requires an Executor of Estate in order to obtain a new title. I only have death certificate. She had no will.

Dennis Delman
Dennis Delman
answered on May 24, 2017

you do not need to file a probated estate or select an executor. you do need to prepare a small estate affidavit,with a copy of the death certificate and file with the secretary of state

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2 Answers | Asked in Estate Planning and Family Law for Illinois on
Q: My sister passed away 6 years ago. There was no will - she had nothing. Her car title (fiance still has) is lost.

We have the plates even though they have not been registered for years. I have her death certificate. How do we go about getting a title for her car so we can get rid of it?

Ray Choudhry
Ray Choudhry
answered on May 24, 2017

The Secretary of State has forms for that purpose.

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3 Answers | Asked in Estate Planning for Illinois on
Q: Sister put property in a trust for herself after mom died is this legal ?

sister had a lawyer put mom's house in a trust for only her after mom died it was suppose to be split equally. This was done without me knowing anything I never got any info at all of the estate refuses to disclose anything to me what can I do about this ?

Stephanie Sexauer
Stephanie Sexauer
answered on May 19, 2017

Unfortunately, this is somewhat common. What you need to do is retain an attorney who routinely practices in Cook County who can view the documents and help you come to an understanding of how to proceed. The lawyer will want to see the trust and view the file of the estate (as it sounds like one... View More

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