Get free answers to your Estate Planning legal questions from lawyers in your area.
answered on Oct 6, 2018
A will can be hand written.
However, to be valid it must be signed before two witnesses who are both present and witness the signing.
answered on Sep 25, 2018
Your state probably provides remedies though the courts if a Trustee is uncooperative. These may include requiring that you be shown the trust and/or removal of a trustee. You will need the help of an experienced Illinois attorney.
My mom passed away last July. Her will is in probate. The final accounting has been completed essentially all that is left to do is distribute the funds and sign the final paperwork. My Aunt was the executor. In the will I am named as alternative executor if she were unwilling/unable.... View More
answered on Sep 19, 2018
Has the final accounting been filed and or approved by the court.
If yes, then the funds are identified as belonging to the estate.
After you are appointed successor executor, you can request the court to order release of those estate funds to you.
prove he's biologically related, does he automatically get money?
answered on Sep 14, 2018
If he doesn't have a birth certificate, he will have to prove he is the son.
If there is no will and no spouse, it goes equally to children with the share of any deceased child going to his heirs.
That's just the way it is.
Does ILLINOIS probate code allow hier-at-law —who is NOT listed as trust beneficiary— to request copy of trust after grantor dies and trust becomes irrevocable? Reason, hier-at-law suspects undue influence or improper circumstances on trust creation or amendments which removed the hier-at-law... View More
answered on Sep 8, 2018
In Illinois trusts are regulated by the Illinois Trusts and Trustees Act (see: 760 ILCS 5/1). There is no statutory provision in the Trusts and Trustees Act that gives the trustee a specific time period in which to provide a copy of the trust to a beneficiary. It also depends on the type of... View More
I do have a question but I would probably have no legal claim to the property but still curious. My best friend and her husband many years ago we're having problems with thier familes because of past abuse issues they had both grown up with. But they stopped all contact with their families... View More
When my mother would let my father stay with me 3 days a week b /c he loved me she said 1 day have your father practice writing his name. I now find out that he was not of sound mind as I know he did not know my name would call me peanut, sunshine and have me write my name on a pc of paper so he... View More
answered on Aug 29, 2018
Sorry to hear about the passing of your father. If your father quitclaimed the house over to his girlfriend your father no longer owned title to the property when he passed - that is unless you can show the transfer was done under duress, or undue influence, or perhaps maybe even fraud.
If... View More
My father and I were extremely close. She is also the executor of his estate, from what she tells me. To me it almost sounds like she wants to give us (grandson grandaughter, and I) this small amount to stop us from asking more questions. she genuinely loves my son and daughter but she and I have... View More
answered on Aug 25, 2018
When someone dies leaving a will, in Illinois whoever has the will is required to "lodge" it with the clerk of court.
The will then is available for review by anyone.
Failure to lodge the will is punishable.
If she is the named executor and fails to open an estate,... View More
answered on Aug 22, 2018
In my experience, you should. All estate planning documents should be drafted to be specific to the state where you live, by an attorney who knows the laws of Illinois.
You should contact an attorney near you who practices solely in estate law.
Best of luck to you!
answered on Jul 27, 2018
Yes. To cover the unforeseen.
Sometimes assets are left out of the trust or may not have been put in.
Those are passed through the will.
When my father died his brother served as his lawyer and executor of his estate. In conversations preceeding my fathers death his wishes were made known to his brother, my uncle. Upon reading of the will all things seemed in line with what his wishes were. However, upon further review, it appears... View More
answered on Jun 20, 2018
The will and the life insurance are two separate matters.
No financial planner can tell a client who to list as beneficiaries on life insurance policies.
A mom owns a house with a life estate on it. She conveyed the house to her daughter and son as tenants in common. The daughter wants to put her portion in a trust. Can she do this and if so how? It would be great if you could explain your answer also!!!!! New Hampshire law if it matters too!!!!!!
answered on May 18, 2018
You have to have a basis for objecting to a will.
Probate lawyers are knowledgeable about how and why wills can be contested.
My brother, an attorney, has refused to share any information with my daughter and me regarding my mother's death. She should have had a substantial estate (over 500k) but he moved Mom 10 years ago to Colorado (Douglas Count) and I believe drained all of her accounts, he has filed Chaper 7 and... View More
answered on Apr 16, 2018
You need to retain an attorney where she died.
The attorney will tell you the procedure for looking up what happened to her assets.
If an estate has not opened, you may be entitled to open it.
answered on Apr 12, 2018
If the estate has more than $600.00 in annual gross income, it has to file a 1041 income tax return.
The bank has stated if the check says or they can cash it but if says and they cannot,
answered on Apr 9, 2018
You may need an attorney to help you, either with probate or what's called a small estate affidavit. It depends on the amount of the check.
answered on Apr 9, 2018
Depending on the amount of the check, and if your sister had any other assets, you may or may not be able to avoid probate to cash the check. There are other considerations, including heirship and potential creditors.
You should contact a probate attorney in your county.
Step-dad was not my legal guardian - ever (no adoption).
Step-dad married my mother when I was 12, I left home at 18.
He claims he deserves the back child support because he 'raised me for my childhood'.
Is the child support part of my mother's estate?... View More
answered on Apr 2, 2018
The money is owed to your mother.
It goes to her estate.
If she had a will, it goes to whoever she designated.
Otherwise to her heirs. Half to husband and half to children.
HOWEVER, the husband is entitled to a widowers allowance off the top and whoever paid the... View More
They didn't have a Wil.
answered on Mar 27, 2018
One or more of the children need to open an estate and probate the assets.
The assets go equally to the children except that if a child predeceased then his or her share goes to his or her children.
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