Get free answers to your Estate Planning legal questions from lawyers in your area.
The annuity is not in the trust but list beneficiaries. The trust designates the deceased portion to go to his children. How can we assure that happens?
answered on Mar 30, 2020
Without seeing the annuity itself it is difficult to answer. However, if at the time the payout is made, the payout is made only to the living beneficiaries, there are several options they can take to ensure that the descendants of the deceased beneficiary receive his equal share under the... View More 
My wife and I had a will completed in 2003. We would like redo. Due to pandemic circumstances we were considering completing on line. If we were to complete on line today. Would the will be (in force) as of its filing on today?
answered on Mar 21, 2020
755 ILCS 5/4-3 of the Illinois Probate Act states that every will shall be in writing, signed by the testator and attested (witnessed) by 2 or more witnesses. Preparing something online only does not comply.
My father passed away in February. My sister obtained keys to his house and she is now refusing to provide me with a copy.
answered on Mar 13, 2020
You don't provide enough information for anyone to give you solid advice. Did your father have a will? If he did, who did he leave the house to? Has an estate been opened in your father's name? If so, who is the executor or administrator and what are they doing about this situation? If an... View More
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answered on Feb 20, 2020
Trademark protection is based on use as a source identifier of goods or services. If that fingerprint isn't identifying the source of a good or service, the likely answer is no.
answered on Feb 17, 2020
Generally speaking, TOD means "Transfer on Death," and STA means "Securities Transfer Association." Your question remains open for four weeks; for a meaningful explanation of these terms, you should consider consulting with an attorney knowledgeable in probate/estate law, more... View More
We were planning on getting married on Christmas Eve 2019 but he was hospitalized at the U of I. They were planning on letting him sign the Marriage license application in front of the notary but his youngest adopted daughter called up and threatened to sue the hospital if they did. His condition... View More
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answered on Feb 6, 2020
If he still has capacity it is not too late to make a will. There are steps that can be taken to make a will valid even if he can’t physically sign. But you need to find a local experienced estate planning attorney now. He should be sure to let the attorney know that he is worried about potential... View More
My mother and Grandfather were on the deed to the home. Both passed over 7 years ago. My father-in-law (mother's husband by law) was not on the deed or successor and stayed in the home which was not an issue. He passed 10 months ago and the home is now vacant. My mother wrote her wishes down... View More
answered on Jan 29, 2020
The answer to your question is far too long and complex for this means of communication. Make an appointment with a lawyer who handles estates. Bring all the documents you can find that are related to the situation to the appointment for the lawyer to review.
The aunt had a nephew named as POA because her only daughter had died. The widowed son-in-law wanted control for his kids (the grandkids), so he had a lawyer make a new will and POA naming his kids. When she signed this new document she was distraught over her husband’s death and going thru many... View More
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answered on Jan 23, 2020
Yes, she can do a new will revoking all prior wills and she can do a new POA revoking all prior POAs. She should also notify anyone in possession of the original or copies of the revoked POAs that they have been revoked. She should have an estate planning attorney help her with this to make sure... View More
Can she change his will and sell the house herself ? They only had one son, my father and he is deceased also.
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answered on Jan 23, 2020
If the entire interest in the house was owned by your grandfather at the time of his death, and if he left it to you and your sister in his will, then it should already be titled in your name and your sister's name. If it is not, then either it was not in fact left to you and your sister or... View More
My father in law passed away (in IL) over thirty days ago. In the original will it stated his home was to be sold and split among the heirs. A couple months prior to his passing he stated he wanted my husband to have the home, which my husband agreed to (it is not paid off). My husbands name was... View More
answered on Jan 22, 2020
When you state that your husband's name was added to the deed, what exactly do you mean. As a general principle, the will governs the disposition of the decedents property as that property exists at the time of death. If your father-in-law conveyed and properly recorded the deed of conveyance... View More
answered on Jan 20, 2020
In Illinois a will isn't filed until after someone dies. I'd be astounded if the law of Texas is different, but a phone call to a Texas lawyer should yield a reliable answer.
Her house should be valued at upwards of 200k. I cant find anywhere online of anyone paying 30k to inherit a home? Is this true? Is there any scenario at all where she would have to pay that much money to get a home or is she lying?
answered on Jan 18, 2020
One scenario might be that your grandmother had a mortgage on the home which had a $30,000 balance remaining
due at the time of her death.
I have a car that is titled in Colorado to a trust. My grandma signed the title over to me. I live in Illinois now and tried to get a new title but couldnt due to the trust paperwork being lost. Its a car from 1995 and has many many issues. I have a new car now and need to get rid of the old one.... View More
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answered on Dec 11, 2019
The successor trustee of the trust needs to provide you with a certification of trust that you can give to the motor vehicle department. This would certify who the trustee was then and who the trustee is now. That is all that DMV should need; they don't need a copy of the entire trust. Try... View More
My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.
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answered on Nov 28, 2019
Wills are private documents. The testator can choose to share copies with whomever he wishes but has no obligation to do so. They do not become public information until the testator passes. Until then they can be amended and replaced as often as the testator wishes as long as he still has... View More
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answered on Nov 19, 2019
It really depends on how the will is worded and whether the heirs predeceased the decedent or died after the decedent died and if so how long after the decedent died. If the two heirs predeceased the decedent and the will has no remote contingent beneficiaries, then the estate would go to the... View More
Left all siblings except me am I entitled to anything
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answered on Nov 8, 2019
The answer depends on a lot of things that are missing from your question. The likelihood is high that you are not entitled to anything, but the only way to know for sure is to have your individual circumstances reviewed by a local probate attorney.
Se has lived there most of her life, and still is currently. We would like to know how we can split the house value and her buy me out. Is there a time limit? and what is probate?
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answered on Nov 6, 2019
Probate is the court-supervised process pursuant to which the titles to assets owned by a decedent are transferred to the decedent's heirs. You said that you and your sister are already on the title to your mother's home, so it sound like your mother's estate has already been... View More
answered on Oct 17, 2019
Three documents come to mind:
1. A will, not just to dispose of her earthly possessions, but primarily to nominate a guardian to care for her children after she passes;
2. A Power of Attorney for Property allowing someone to manage her affairs until her death; and
3. A Power... View More
My father's side of the family refuses to talk or do anything in regards to my father's estate and our inheritance.
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answered on Oct 17, 2019
You can hire an attorney and petition the court to appoint you as executor of your father's will if the executor named in the will refuses to do so or is deceased.
Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... View More
answered on Oct 2, 2019
Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.
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