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My ex-husband recently passed away in Illinois and owed a substantial amount of debt. He did not leave a will, and there has been no probate process initiated. He is due to receive a settlement from an accident soon. Given that he has a daughter and son as his next of kin, will the creditors be... View More 
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answered on Apr 4, 2025
Creditors can probate his Estate. If they do not then they probably will not collect. The claimants need their lawyers to explain their IL exemption rights if any, and plan on where the settlement monies will be deposited, etc. Claimants need to think about asset protection now.
I am seeking information on the legal steps I should take following the death of my husband today. We were considering divorce prior to his death. There are no unresolved legal matters from the marriage, and I don't have concerns related to inheritance or property division. Can you provide... View More
answered on Apr 4, 2025
I'm very sorry for the loss of your husband. This is something that an Illinois attorney should advise on, but your question remains open for a month. You were still married for all intents and purposes - it would be best to reach out to Illinois attorneys who handle Probate & Estate... View More
My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More
answered on Feb 16, 2025
According to the Illinois Compiled Statutes (ILCS)
(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after... View More
I am administrator. I am responsible for what goes in and out of the bank account.
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answered on Jun 8, 2024
The lawyer is doing that to help keep you out of trouble. It means one less thing you have to worry about. You should take your attorney up on that generous offer.
I myself am seriously thinking about implementing such a requirement in my own practice because too many clients do not want... View More
I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More
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answered on Apr 3, 2024
It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!
Keep making the checks payable... View More
The deceased never collected the Annuity left to him by our Mother. It was sent to IL Unclaimed Cash.
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answered on Feb 15, 2024
To claim the annuity left by your mother to your deceased brother, who died intestate (without a Will) and homeless in Michigan, as an heir through the Illinois unclaimed property, you will likely need to obtain a declaration of heirship or a similar court order from Michigan proving your status as... View More
How will I know what I am to inherit
answered on Jan 13, 2024
The original will is required to be filed with the Court in the County where the decedent lived. You can look at the will after it is filed and read the provisions. Assuming assets in excess of $100,000 or an estate with real estate (no real estate passes through probate if it was in joint title),... View More
We do not have any joint accounts, my name is technically on nothing, and ,because of his past issues with his former spouses, he trusts no one, so I am pretty much standing at the window looking in.
When we talk about it his statement is. “ You’re my wife. You’ll get it all. Case closed.”
answered on Jan 4, 2024
I agree with Mr. Hutchinson. The only thing I would add, is if your spouse eventually does prepare and execute a will, that you (as his spouse) has a right to renounce the will and take one-half of the estate. This statutory spousal right is to provide a spousal share to a surviving spouse when the... View More
We do not have any joint accounts, my name is technically on nothing, and ,because of his past issues with his former spouses, he trusts no one, so I am pretty much standing at the window looking in.
When we talk about it his statement is. “ You’re my wife. You’ll get it all. Case closed.”
answered on Jan 4, 2024
At the time of his passing, and there is no will, he is considered to have died "intestate". If he is a resident of the state of Illinois, the Illinois statute regarding intestate distribution will apply. Your situation falls under paragraph (c). (Ex-wives/husbands do not take under... View More
It appears that the Executor
is not being fair or impartial and it is not in the best interest of the beneficiary, my mom. I believe my grandma’s estate is being mis-managed. We would appreciate some guidance on what we, as a family, can do for my mom. Please let me know if you need... View More
answered on Dec 14, 2023
The first thing is that there are timelines. Was there a will? If so, it should be filed within 30 days of death. And an inventory should be filed 60 days after the will was admitted to probate. Has your mother received an inventory?
Timeliness are not as strict if there was no will.
I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More
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answered on Apr 13, 2025
If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new... View More
My ex-husband passed away a month ago with no assets or will, and he had several thousand dollars in debt. He is due to receive a $30,000 accident settlement. There have been no probate proceedings, and creditors have not yet made any claims. His adult children wish to claim the settlement. Are his... View More
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answered on Apr 13, 2025
This is a difficult situation, especially when emotions are still raw and everyone is trying to make sense of what happens next. In general, when someone dies without a will and owes debts, **creditors have the first claim** on any assets or money that becomes part of their estate—including a... View More
My father, a resident of Rock Island County, Illinois, passed away intestate, leaving no assets aside from a 2007 Toyota Highlander and real estate valued at approximately $50,000. I am his sole legal heir and have submitted the Petition for Letters of Administration. Despite contacting the Circuit... View More
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answered on Apr 12, 2025
To close the probate case in Illinois, you will need to ensure that all necessary documents are submitted to the Circuit Court. Since there are no debts or liens, the process should be relatively straightforward, but you’ll need to complete certain steps. After being appointed as the... View More
I am dealing with a situation involving a limited partnership contract that includes an article specifying how a partner's interest is transferred to heirs. However, there is a conflicting will that contradicts these terms. I need to understand which Illinois laws govern limited partnership... View More
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answered on Apr 12, 2025
Illinois Limited Partnership Interest Analysis
Under Illinois law, limited partnership interests are primarily governed by the Illinois Uniform Limited Partnership Act (805 ILCS 215/), which explicitly grants significant authority to the terms of the partnership agreement itself. When... View More
I am trying to sell my deceased parent's property in Cook County, Illinois, which is worth about $200K. There are no existing debts on the property or in the estate. The next of kin include myself and one other sibling, who is in agreement with the sale. No probate process has been initiated.... View More
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answered on Apr 12, 2025
Selling your deceased parent's property in Cook County, Illinois, requires careful navigation of legal procedures to ensure a smooth transaction. Since no probate process has been initiated, you'll need to establish clear legal ownership before proceeding with the sale.
In... View More
I am planning my estate to ensure that upon my death, my two daughters – designated as beneficiaries in my will – will receive my assets without going through probate or facing additional tax liabilities. I have a will, a home, and life insurance policies among other assets, and instructions... View More
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answered on Apr 12, 2025
It's great that you're taking proactive steps to plan your estate. In Illinois, a revocable living trust is one of the most effective tools to avoid probate. You can absolutely appoint one of your daughters, even if she is a beneficiary, as the trustee—this is quite common. As long as... View More
In Illinois, if both parents are recently deceased and left a home valued at approximately $600,000 with no beneficiaries named, but have adult children who naturally inherit the property, and there are no debts or creditors, do they need a bond in lieu of probate to sell the home to a family... View More
answered on Apr 8, 2025
Illinois requires court administration of real property if the decedent dies with realty in his name.
I have a Transfer on Death Instrument that states: 'Upon my death, the described real estate shall be Transferred, Conveyed, and Quit Claimed to the designated beneficiaries in equal shares, per stirpes, to my friend H and Y, as tenants in common.' Does this language mean my friend H is... View More
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answered on Feb 27, 2025
No, that devise is to both H and Y at the same time when the grantor dies.
I have been approached by a lawyer representing my stepmother regarding my deceased father's estate, who resided in Georgia. She wishes to be the sole executor of the estate, and I have been asked to either sign a document indicating no objection or not respond if I do not care. My concerns... View More
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answered on Feb 25, 2025
You will need to consult with a GA probate attorney. You can start here on Justia. It does no sound like the Will would benefit you at all, so you may prefer for Father to die intestate.
If someone obtains a death certificate in one state and doesn’t file it in another state where they have some assets can they start a probate on someone who passed and filed a death certificate in another state?
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answered on Feb 1, 2025
Probate Court will need a death certificate. Other States that have assets might require it for an Ancillary Probate but not for deeds. An interested party can file a motion to dismiss in the Probate Court without a Death Certificate.
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