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Illinois Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: I have a very complicated question I have been with a man for 9 1/2 years and he was diagnosed with Cancer in March 2019

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for Illinois on
Q: My Mother and Grandfather were on the deed to the home. Both passed with not court recorded will.

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 but... Read more »

James G. Ahlberg
James G. Ahlberg 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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can I find out if a will was entered into Texas court by my father before his death?
James G. Ahlberg
James G. Ahlberg 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.

1 Answer | Asked in Probate for Illinois on
Q: My great aunt passed away and my brother and I are names are on the will, we haven’t seen the will and they wanted us

To sign a paper that was typed up and we didn’t do cause it wasn’t the actual will and now it’s a family fight and we don’t no what to do

Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 26, 2019

If your Great Aunt died with a will - meaning she died testate - then a copy of the will is on file with the clerk of the court. You should go to the probate clerk and ask to see a copy of the file or the will. This will allow you to read the will for yourself and determine if the "paper" is an... Read more »

1 Answer | Asked in Probate for Illinois on
Q: Can a judge in chancery div. Cook County send you down to file appearance and while gone rule in favor of plaintiff?
Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 7, 2019

A judge may ethically enter any order that the judge deems appropriate under the circumstances and matters presented to that judge. From the way you phrased your question, it sounds like the judge abused his or her discretion under the circumstances. When a judge orders you to file an appearance,... Read more »

2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: How can I get a copy of my parents Will in Madison County Illinois?

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.

Nina Whitehurst
Nina Whitehurst 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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: my sister and I are 50/50 heirs to our mothers home. Both names are on title.She lives there how do we split it?

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?

Nina Whitehurst
Nina Whitehurst 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 probated.... Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father passed away in 2017. His father was named trustee in his Will. His father has also passed away. What's next?

My father's side of the family refuses to talk or do anything in regards to my father's estate and our inheritance.

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Illinois on
Q: grandfather was part of the McDonnell Douglas asbestos settlement I believe my sister is receiving and cashing my funds?

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... Read more »

Cheryl Powell
Cheryl Powell 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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: husband pasted away 18 years ago was given money donations put money into savings accounts for the 2 girls we had

but had to use the money for things that came up can they sue me for the money

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.

1 Answer | Asked in Probate for Illinois on
Q: I'm looking to be sure I fully understand the below agreement between my brother and I in regards to an estate:

I withdrew last names:

Brandon agrees to pay Brooke 20% of actual cash value (ACV) of the

above listed property after all debt (current and unknown) and fees paid relevant to

Marilyn and Mark’s estate and property.

Fees include but are not limited to active... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 20, 2019

What is your question?

1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on
Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg
James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

1 Answer | Asked in Probate for Illinois on
Q: How do I object someone who is seeking to become administrator of my father’s estate? He died intestate. Thank you
Ray Choudhry
Ray Choudhry answered on May 3, 2019

If you have a legitimate objection, you file an objection with the Probate Court.

Check with the court clerk as to how hearings on your objection are scheduled.

1 Answer | Asked in Probate for Illinois on
Q: I'm a beneficiary in a will that has been in Probate for almost 3 years now I live in Iowa but the case is in Illinois.

I have no idea what to do at this point any advice would be greatly appreciated thank you

Ray Choudhry
Ray Choudhry answered on Apr 11, 2019

When someone opens an estate, they have deadlines.

Within 60 days they have to file an inventory.

Within 14 months they have to file an accounting.

If you did not receive these, you should contact the court to find out what is going on.

Even though you are a...
Read more »

2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: My father died without a will. His wife is selling their home. Are his children entitled to any profit from the sale?

His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.

Drew Ball
Drew Ball answered on Apr 9, 2019

Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased... Read more »

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1 Answer | Asked in Family Law and Probate for Illinois on
Q: Is a father's son's wife's (all dead) brother allowed to probate father's house when he has a living brother - no wills?

My father-in-law (Bob) his brother Norman (died) and had a deed to his house in his son's Len (died) name. Len's wife (Joann) died a week later. Now Joann's brother (Tom) opened probate cases on the estate of Len (for Norman's house) and Joann. Is he legally entitled to them? What about Bob,... Read more »

Ray Choudhry
Ray Choudhry answered on Mar 18, 2019

What do you mean had a deed to his house in his son's Len (died) name.

If Norman put the house in his son's name, it is the son's house and Norman has nothing more to do with it.

When the son died, it goes to the son's heirs.

Assuming he had no children, it goes to his...
Read more »

1 Answer | Asked in Tax Law, Divorce, Family Law and Probate for Illinois on
Q: Can I claim child tax credits for 2018 if ex-spouse died?

In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 24, 2019

You are bound by the terms of your Marital Settlement Agreement.

1 Answer | Asked in Probate for Illinois on
Q: Do I have the right to receive stock my mother had as stock and not cash?

My mother owned four stocks when she passed into the Light. I just found out that my sister who is the executor of the estate cashed three of the stocks into the estate and the fourth one transferred the shares to each of us ten children. My issue is I told her in an email and verbally I wanted all... Read more »

Ray Choudhry
Ray Choudhry answered on Dec 30, 2018

This estate is in probate.

It is either supervised or independent administration.

With independent administration she can do lots of things without reporting to the court.

Also, if there is a will, she has to do what the will says.

You need to contact the court and...
Read more »

1 Answer | Asked in Probate for Illinois on
Q: If a property in Wisconsin is owed by 4 siblings and one dies without a will does his share of property pass to his chil
Ray Choudhry
Ray Choudhry answered on Dec 22, 2018

It depends on how the Wisconsin property was deeded to the four siblings.

If it was in joint tenancy it belongs to the remaining siblings.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father is very ill, my mother is still living and estate goes to her and in both names. Does she need to probate?

He has a will just wasn't sure if we will need to open probate if everything goes to my mom and is in both of their names

Ray Choudhry
Ray Choudhry answered on Dec 5, 2018

If father dies and everything is in joint names then it all goes to the joint owner.

If there is something in his name alone, it goes to the wife and children.

But there are spousal awards involved.

If there is something in his name alone, he needs to do a will. Not having a...
Read more »

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