Get free answers to your Probate legal questions from lawyers in your area.
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
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
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
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.
1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More
answered on Dec 14, 2024
An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More
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answered on Nov 20, 2024
If no will, no executor. You are not going to administer an estate 30 years after a decedent's death. Whatever you are doing probably needs an IL attorney to search titles and determine heirship.
I want to acquire the property from my uncle, who holds the deed, but there's a mountain of back taxes and I don't know how to find out whether an additional loan was taken out on the property. Where do I start? What should I be asking, and to whom?
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answered on Oct 23, 2024
Start by collecting all documents related to the property, including the deed your uncle holds. Visit the local county assessor’s office or their website to review property tax records and identify any outstanding taxes or liens. This will give you a clear picture of the financial obligations... View More
Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have... View More
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answered on Oct 21, 2024
Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.
And my uncle told me what they was talking about and I decided differently and told the lawyer we decided to not use him and my uncle uses him is that a conflict of interest
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answered on Dec 12, 2023
No unless you become a Defendant Party.
I know me and siblings are beneficiaries from his job he worked is all
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answered on Nov 10, 2023
Sorry to hear about your father. First, I presume since he is on a ventilator, he is not conscious or competent to answer questions about whether he has a will or not. Second, as long as he does not have a spouse (who is currently alive and to whom he is currently married), you and your siblings... View More
I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More
answered on Nov 9, 2023
I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.
The probate attorney for the special administration of the estate stated the wrongful death settlement amount per heir is based upon each of the heirs "relationship" with the deceased. Therefore if one sibling had a closer relationship they would get a larger share. I don't believe... View More
answered on Nov 7, 2023
Assuming you are talking about Illinois probate law, if there is not will then the distribution is by statute and the governing statute is pretty straightforward and clear. It does not talk about the relative dependency of any heir. Good luck.
w/o court proceedings , how do i retrieve his acct
answered on Aug 25, 2023
Unless the account has a POD (which it should), you will likely need a court proceeding to access the account if it is solely in his name.
I had a nearly non-existent relationship with father. He was a sperm donor. Left my mom and went to KY where he had another new family with 3 kids. Dad and 3rd wife divorced years ago and house went to her, since it was hers anyways before they married. She didn't get around to putting it... View More
answered on Aug 22, 2023
As I understand your fact pattern, it does not sound like you actually authorized anyone to bring a claim on your behalf for any part of the house. If this is correct, then you don't need to do anything. No one can file a claim on your behalf without your express permission. If there is an... View More
Me and my ex wife won a lump sum from a settlement from a malpractice suit our son received his amount and is not available until he is 18. Is there a trust I can have his money put in so when he turns 18 he will get a small portion amount or being able to withdraw funds for college if he decides... View More
answered on Jul 13, 2023
Sounds like the settlement proceeds for your son were placed only a restricted bank account. The better choice would have been to place the money in a structured settlement, which the money could have been paid out in portion throughout time. You will need to consult with an attorney in your area... View More
The legal document stated that id been given the full inventory list/asset list and that he forced me to sign it and said that I wasn't allowed to look at that paper bc I didn't have a lawyer. Is there anyway someone could help me? I feel like he screwed me out of my share or my full... View More
answered on Jun 21, 2023
In Illinois petitions to reopen an estate are governed by 755 ILSC 5/24-9. Estates may be reopened to permit the administration of a newly discovered asset or to permit the administration of an unsettled portion of the estate. The petition may be filed by any interested person. You will need to... View More
My mom has not reported my moms death or put the house under her name and I’m wondering if I can inherit it.
answered on Jun 6, 2023
If your grandparents did not have a will, the default inheritance rules of the State of Illinois apply. Under the default inheritance rules, the first in line to inherit are the spouse and children of the decedent. Grandchildren would only inherit assets if their parent (the child of the decedent)... View More
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