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answered on Mar 17, 2017
Without more information, your question cannot be answered.
Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be... View More 
can pay us any money to make sure theres no other debts out there which we know there isnt as my sister has taking care of this and dad for 5 years
anyhow is this just the lawyer talking as my sister can write out checks as we know there no debts or is this a law where we would get in... View More
answered on Mar 7, 2017
It is just the lawyer talking about what the law requires. YES you have to wait. The time for waiting varies from state to state (it is 4-5 months in Michigan) but you HAVE to wait before making a 'final' distribution in order to comply with the requirements of satisfying creditors.... View More
She may need to go into long term care. Unsure at this time. She has an IRA and 2 annuities.
answered on Mar 3, 2017
The answer to your question depends on specific facts that are not provided here, such as whether or not your mother has a will, the precise terms of the will, and whether or not your mom has a designated power of attorney. If your mother does not have a will or a power of attorney, I would highly... View More
The surviving siblings include one who is the executor. The offer to purchase the family home is being made with the condition that a real estate agent will not handle the transaction as a listing/sale, so as to increase the value of the estate to the heirs. How do the remaining siblings handle... View More
answered on Feb 21, 2017
The absence of a realtor is a plus and results in about a 5 to 6% savings for the estate.
If all of the heirs agree to the terms, including the purchaser/executor, each heir will have to sign the purchase contract agreeing to sell the property to the executor and will need to sign the deed... View More
I live in Indiana and husband died. I want kids to get house with no hassles when I pass
answered on Feb 2, 2017
If the property is located in Illinois, you can obtain a copy here (please note that the property does not have to be located in cook county for this form to be applicable)
http://cookrecorder.com/wp-content/uploads/2013/02/Surviving-Tenant-Affidavit-AKA-Deceased-Joint-Tenancy-Affidavit.pdf
Hi Sir/Madam,
I would like to sell our property, but my wife is not in the U.S. and there is no way she would be able to come to U.S.
What is it that i would need from her to sell our property here in the U.S. (Note: Her name is on the title)...
As far as i could... View More
answered on Feb 2, 2017
You could have the POA notarized by a notary at a US Embassy or Consulat.
answered on Jan 30, 2017
Liens (mortgages) are not extinguished by the death of an owner. Any open liens (mortgages) stay legally attached to the property. So if you leave your home to a child, and at the time of your death there is a $150,000 mortgage, your child inherits the property "Subject To" the... View More
My brother had a severe heart attack a few months ago ,after a couple of days his stepdaughter came to the hospital with her brother in law who is an attorney and said she was going to be his power of attorney and that my oldest sister would be second power of attorney ,she didn't have to... View More
answered on Jan 18, 2017
If your brother was competent at the time he signed it, distraught is not a basis to declare it invalid. However, if he is still competent today, he most certainly can terminate the power of attorney. He would need to send a letter certified mail to the person who is the power of attorney now... View More
In june we gave him $800 dollars beginning . f July gave him all info. In august was told soon. I really Don't want to pay him more or do business with him again what can I do
answered on Jan 16, 2017
Yes, you can fire him and demand the return of your retainer. You should put this in a letter to him asking for return of your $800 retainer and stating that you are terminating the relationship. You could also mention that failure promptly to return your retainer will result in your making a... View More
answered on Jan 10, 2017
Yes, it is a power of atty's responsibility to c that her bills are paid out of her income.
answered on Jan 15, 2016
An IL estate planning lawyer can review to determine if it complies with IL law.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It... View More
They are continuing as if no request was made. We are coming up on four months from the time the motion was filed requesting formal proof. Can I ask for a default judgment from the judge based on their failure to respond and provide proof?
answered on Oct 25, 2015
Go have a full discussion with a probate attorney about this.
In talking with her she agreed that everything in the garage and all of the mechanical items were our Dad's when initially speaking with her. Now she will not let us into the house to obtain the items from his room, his computer or see anything that might have been jointly owned, they had... View More
answered on Oct 24, 2015
Yes, you need to file a probate petition with the courts, and also need to ask the court for a writ of possession for the personal property. Who does the house belong to?
answered on Nov 15, 2013
Yes, one with children has the legal right to will his property to anyone he likes. In the case of an intestacy, the children may be eligible to get their intestate share. Please consult a probate attorney.
answered on Jan 19, 2013
It's best to contact an attorney who practices in the area of law that you are seeking advice on. I see that you posted under "estate planning law," so I assume you have some need for advice in that area. Estate planning can involve relatively simple matters, such as drafting a... View More
answered on Oct 11, 2012
Contact a lawyer who does probate law. It is worth it for the future of your family. It is one of the most important documents you can have and can prevent years of family division if you draft it poorly. The money is well spent and most are fairly reasonable if not too complicated. I do not... View More
answered on Aug 16, 2012
Different lawyers charge different rates and it also depends on how complicated the will is. Ask around where you live for a lawyer who does probate or estates and trusts. They will normally after asking some questions, quote you a price. Remember just going to the cheapest lawyer should not be the... View More
answered on Sep 22, 2011
Yes. If you are serious about this, I HIGHLY recommend that you obtain an attorney to assist you with this process.
Generally, once an administrator is appointed, they can only be removed by cause as provided for in 755 ILCS 5/23-2 (the Illinois Probate Act). A representative may be... View More
My grandmother passed away 1983 in illinois my dads gone and I found some things just don't add up .on my grandmother estate . Can this estate be reopend after 35 yrs
answered on Aug 25, 2011
No. First, under § 755 ILCS 5/28-11(f), "In the absence of fraud, accident or mistake, an order discharging the independent representative and declaring the estate closed is binding on each person whose receipt or approval was filed with the report and on each person to whom notice thereof... View More
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answered on Jul 19, 2011
The parent's estate is generally responsible.
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