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Illinois Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Illinois on
Q: If I handwrite my will, is that considered a legal document as long as I signed it?
Ray Choudhry
Ray Choudhry
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.

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1 Answer | Asked in Estate Planning for Illinois on
Q: What rights do beneficiaries have to see a trust they are named in. Can they get a copy of the trust and certification?
Richard Winblad
PREMIUM
Richard Winblad
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.

1 Answer | Asked in Estate Planning for Illinois on
Q: Question regarding death of executor and my Mom’s estate?

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

Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Estate Planning for Illinois on
Q: My grandpa didn't have a will. Now some guy claiming to be his estranged son wants part of the inheritance. If he can

prove he's biologically related, does he automatically get money?

Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Illinois: Does heir-at-law (child) who is NOT trust beneficiary have right to copy of trust after grantor (parent) dies?

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

T. J. Jesky
T. J. Jesky
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

1 Answer | Asked in Estate Planning for Illinois on
Q: Do I have any claim to my best friends home if anything happens to them?

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

Jeremy Wang
Jeremy Wang
answered on Sep 1, 2018

Without any estate planning directives - the answer is no.

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Illinois on
Q: My father passed away from dementia his attorney also I find out has passed how do I get a copy of his will?

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

Jeremy Wang
Jeremy Wang
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...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father passed,his wife said she got everything. She is signing over a policy of$18k to me sounds odd as he was wealth

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

Ray Choudhry
Ray Choudhry
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,...
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1 Answer | Asked in Estate Planning for Illinois on
Q: If I drafted my will in Montana do I need a new one now that I live in Illinois?
Stephanie Sexauer
Stephanie Sexauer
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!

1 Answer | Asked in Estate Planning for Illinois on
Q: If you establish a trust do you still need a will?
Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Estate Planning for Illinois on
Q: Father passed away and his will and beneficiary information were not in line with his wishes

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

Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can a remainderman of a life estate put their share of the estate into a trust?

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!!!!!!

Vincent Gallo
Vincent Gallo
answered on Jun 4, 2018

In New York, the answer would be yes most certainly.

1 Answer | Asked in Estate Planning for Illinois on
Q: Do you need to have a lawyer to contest a will?
Ray Choudhry
Ray Choudhry
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.

2 Answers | Asked in Estate Planning for Illinois on
Q: How do you make allowances for pets in your estate plan?
Ray Choudhry
Ray Choudhry
answered on May 4, 2018

You can set up a trust fund to take care of the pets.

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: How would I go about obtaining a probate affidavit in Colorado?

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

Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Estate Planning for Illinois on
Q: Does an estate have to file tax returns?
Ray Choudhry
Ray Choudhry
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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My sister had no other assets, the account jointly owned my name and her name under my social security number.

The bank has stated if the check says or they can cash it but if says and they cannot,

Stephanie Sexauer
Stephanie Sexauer
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.

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Illinois on
Q: I have a check issued in my name and my deceased sister. I need to cash the check. My sister had no will.
Stephanie Sexauer
Stephanie Sexauer
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.

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: My mom was getting back child-support from my dad. She died last year. I'm 26. Step-dad claims child support. Illinois.

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

Ray Choudhry
Ray Choudhry
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...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Both parents are deceased, there are 3 adult children left. What must be done to care for their assets and debts?

They didn't have a Wil.

Ray Choudhry
Ray Choudhry
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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