He left the residuary estate to the trust. The trustee is the caretaker.

The trust spells out who gets what.

If you are mentioned in the trust or are an heir, you are entitled to get a copy of the trust.

Will - Assets stay in your name and at death distributed as spelled out in the will.

Living Trust - Assets transferred to trust and at death distributed as spelled out in the trust.

Life insurance is paid to beneficiaries and is not part of his estate.

If what he has is worth more than what he owes, then one of you can open an estate and you can buy the house from the estate.

you need to find any old statements,credit cards, utility bills,drivers license,identification card..and the like. you can also prepare and file a small estates affidavit with the state

In Illinois the will would be valid but you would be left out and treated as though you predeceased him.

Land trust has a trustee and one or more beneficiaries.

What does the trust say as to who is the beneficiary.

It it's you, then you own the house and the siblings have nothing to do with it.

If the house has to be probated, you have a claim for taking care of your... View More

If the will wasn't witnessed by two witnesses who were present when you signed and they signed as witnesses, it's not worth the paper it's written on.

The notary doesn't count to determine whether there is a valid will.

The powers of attorney have their own wrinkles.

If the power of attorney was properly prepared, then the only way to remove the agent (your brother) is to show

that he has violated his duty of care by failing to act in the best interests of the principal (your mother).

This might involve financial abuse or medical abuse.

A good place to start is the Clerk of Circuit Court of the county in which he was a resident or owned real estate.

They will tell you if his estate was probated. If it was, you can get copies of all the records.

Yes.

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Husband dies. Properties are in his name. You get appointed to administer his estate.

So far, so good.

You spent your money to try to get more out of the real estate.

If there was no will, you as widow get at least one-half plus widows award.

If you spent money to... View More

After a person dies, anyone in possession of an original will must lodge it with the Clerk of Court.

So, check there to see if it has been lodged.

Small Estates Affidavit does not apply because estate is larger than $100,000.00.

The real question is just exactly who is it payable to.

Typically she would have named a beneficiary.

It's the job of the executor to round up the assets, pay the bills and distribute what is left over to legatees and heirs.

For whatever reason he seems to have delayed getting the job done.

He needs to do what the job calls for.

People only inherit after claims against the estate are paid.

In this case, your daughter has a claim against the estate for future support of her son.

Because the child is not yet born it is a little complicated.

She needs to consult with experienced attorneys in parentage... View More

Not unless you personally guaranteed a bill such as the one for the funeral.

Just because a person is named as an executor, he or she doesn't have to serve.

This is done by filing a declaration with the court that you refuse to act as executor.

In Illinois, to be valid, a will must be in writing and properly signed and witnessed.

So, if there is no written will, then she died intestate.

What is important is to find out how the properties are titled.

That can be done by contacting the recorder of deeds or... View More

Probate involves marshalling assets and making distribution.

There is also a requirement that creditors be given an opportunity to file claims against the estate. The usual time is 6 months.

Sometimes, probate can be avoided through a small estate's affidavit.

There is... View More

This is a typical case especially when one of a married couple passes away.

No estate needs to be opened if there are no assets to probate.

Sometimes an estate is opened for the purpose of discovering assets or filing a lawsuit on behalf of the deceased.

It kind of sounds like your interpretation is correct, but without seeing the documents it is impossible to know for sure. You need to consult with a local attorney in the jurisdiction where the estate is being probated. You can probably get a brief consultation to answer this question and provide... View More