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Illinois Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Illinois on
Q: Parents did not leave a will I have lived in the home for 12yrs in illinois i have two siblings can i file a quit claim
Burton A. Padove
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answered on Jul 16, 2011

You probably should see a probate attorney to open an estate for the last to die of your parents, so that proper title can issue to you and your siblings and then you can have a quitclaim. Otherwise it will be difficult to market the home down the line.

1 Answer | Asked in Estate Planning for Illinois on
Q: How do I force my siblings to release information about my mothers lawyer and wills?I demanded copies and been ignored.
Burton A. Padove
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answered on Jul 13, 2011

Hire counsel, pen an estate. Have yourself appointed as perosnal representative and issue supbpoenas, or have a lawyer send a demand that the will be produced.

1 Answer | Asked in Estate Planning for Illinois on
Q: How does someone obtain copies of a Living Trust after the parties have passed away?

My parents drew up a Living Trust and made one of us trustee. He will not send copies or info to Us , and claims there is nothing in the trust for Me. He will not allow Me to My parents home, because he owns it now.

Burton A. Padove
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answered on Jul 8, 2011

I suggest that you contact a Probate attorney for the purpose of opening an estate. Once an estate is opened, you can subpoena the trustee and require him to produce the trust.

2 Answers | Asked in Estate Planning for Illinois on
Q: Do I need a lawyer to change my moms will or can i print one off the internet and fill in?Where do I look it up at?
Terrence Rubino
Terrence Rubino
answered on Jul 6, 2011

for a will to be valid it has to meet certain requirements such as having 2 disinterested witnesses plus there might be stapling issues. depending on the circumstances there may be an issue with your mom's testamentary competence. it is better to be save than sorry - get a lawyer to do it.... View More

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1 Answer | Asked in Estate Planning for Illinois on
Q: Regarding a small estate divided equally to 7 children

My mother passed and the money has been dispersed to her surviving children equally. Her house is still for sale. If one of her children die before the house is sold does that share go back to the 6 remaining siblings or the the estate of the sibling that passed. My sister and I have been... View More

Andrew John Hawes
Andrew John Hawes
answered on Apr 20, 2011

The distribution is determined upon the decedent's date of death, not whether one of the children dies after the decedent dies.

Was there a will? If there was a will, then the will controls what happens and likely addresses this situation. If there was not a will, then Illinois...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Is asking for a formal proof of a will the same as suing someone?
Andrew John Hawes
Andrew John Hawes
answered on Apr 20, 2011

No-because you are not really "suing" any one individual. You are simply requesting that the estate attorney prove that all of the formalities of the will were followed. Typically, if the will was done by an attorney, the formalities are followed. You are getting involved with the... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: What do you do when a bank has failed in their fudiciary responsibility to the remaindermen of a trust?
Andrew John Hawes
Andrew John Hawes
answered on Mar 19, 2011

You can bring an action for damages. The nature of the damages you seek depends on what you want to happen. You can seek a monetary remedy, removal of the fiduciary, or other equitable remedies. If particularly egregious, you can even seek punitive damages.

I think your best course of...
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1 Answer | Asked in Estate Planning for Illinois on
Q: Am I entitle to any benefits of an estate that was probated 10yrs ago without my knowage
Andrew John Hawes
Andrew John Hawes
answered on Mar 13, 2011

Need more information to answer this question.

1 Answer | Asked in Estate Planning for Illinois on
Q: My mother died a year ago wi/ out a will. How do I transfer the title from her name to mine? I am paying the mtg
Andrew John Hawes
Andrew John Hawes
answered on Mar 13, 2011

Are you certain that the house is 100% yours? What is your family situation like-was she married, do you have any siblings, etc? Whether you can even transfer the house to your name depends upon this information.

1 Answer | Asked in Estate Planning for Illinois on
Q: I was a trustee on resigned, what is that fee I can charge for the work I have done on the trust?
Andrew John Hawes
Andrew John Hawes
answered on Mar 13, 2011

You can charge a "reasonable" rate. Typically, I've seen around $20 to $50 an hour, but it generally depends upon the quality, nature, and quantity of the work involved. You should keep very detailed records of everything that you do, how long it takes you, and what you accomplish.... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: Atty. put self 2nd for property power of atty. Had said no need for a 2nd, then surprised us at signing-should we care?

Did husband and self: wills, trusts, health power, all with relatives names 1st and 2nd.

Andrew John Hawes
Andrew John Hawes
answered on Mar 13, 2011

If you do not trust the attorney, then you should seek to revoke this document. A power of attorney gives your agent the authority to make legal decisions on your behalf, including handling bank accounts, real estate, and other assets. These are considerable powers that you should only give to... View More

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