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?
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 »
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 »
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 »
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 »
You're correct; if you're an heir or legatee of an estate, the court will require the attorney for the proposed executor or administrator to send notice (when to send notice depends on whether the Decedent died with or without a will). It's possible the matter has been continued to give notice....Read more »
I received a letter to appear in court because my brother wants to be appointed executor. Me and my other siblings do not agree to this...do I need to hire an attorney for an objection or can I show up in court with the copy of my mom will which I did file at the court house
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
This is more complicated than you realize. No one can answer your question without knowing who the owner of the house was at the time of her death, how the title was held (Life estate? Joint tenancy with someone? Tenancy in common with someone?), whether your mother left a will or not, etc. Gather...Read more »
Im next to kin. When I went to get his ashes they also gave me his debit card. We werent talking at the time he died. I highly doubt he has anymore than a few hundred dollars in it, if that. Him and his wife were on a motorcycle and hit a semi head on. Both pronounced dead at the scene. His bank... Read more »
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... Read more »
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...Read 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... Read more »
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.
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... Read more »
I hope you feel comfortable with the attorney you've likely hired to assist you in the probate process. I am not an Arizona attorney and can't speak to Arizona law, but in Illinois, we have a 6 month creditor/claims time period. Very little happens in that time; we simply wait...Read more »
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