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Illinois Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Father is on ventilator and unsure if there’s a will. His older sister is taking titles and other things out of his home

I know me and siblings are beneficiaries from his job he worked is all

Timothy S O'Brien
Timothy S O'Brien pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law, Elder Law and Probate for Illinois on
Q: Can you help me find out what happend my Mother ?

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

Cheryl Powell
Cheryl Powell
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.

2 Answers | Asked in Probate for Illinois on
Q: my husband passed away in Florida on 8/4/23 . I live in Illinois . He has a bank account with Chase bank in Florida ,

w/o court proceedings , how do i retrieve his acct

John Michael Frick
John Michael Frick
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.

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1 Answer | Asked in Probate for Illinois on
Q: Half siblings are suing for deceased dads house from ex-wife. I want no part of it. Can I be taken off the lawsuit?

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

Bryan R. Bagdady
Bryan R. Bagdady
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

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: What do I need to file to have my minor sons estate money put in a trust before he turns 18 ?

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

Jeffrey Li
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Jeffrey Li
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

2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Hi there. I was forced by my brother to sign something that closed my late mother's estate. Is there anyway to reopen it

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

Bryan R. Bagdady
Bryan R. Bagdady
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

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Im 20 years old, My grandparents passed away about 2 years ago and left no will. My mom doesn’t take care of the bills.

My mom has not reported my moms death or put the house under her name and I’m wondering if I can inherit it.

Michael Goldberg
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Michael Goldberg
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

1 Answer | Asked in Probate for Illinois on
Q: What statuory notices do I need to send out as an administrator of an estate? And, what is a verified inventory?
Michael Goldberg
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Michael Goldberg
answered on May 26, 2023

As a recently appointed administrator of an estate, you are required to provide 1) a notice to heirs and legatees of rights in independent administration (if it is indeed independent administration) 2) claims notice published in the newspaper 3) notice to known creditors mailed directly to them.... View More

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: Was joint tenancy owner of home (in Illinois) with my mother who died 4 years ago. How do I clear deed for future?

What do I need to file (mothers death certificate?) in order to clear the house for future sale or for adding another family member to the deed? I have kept the taxes paid and up to date and currently residing in the house.

Stephen Sotelo
Stephen Sotelo
answered on Feb 20, 2023

In cases where the most recent deed in the chain of title reflects title held by co-owners "as joint tenants" and one of the co-owners passes away, the next step would be to

(1) complete a Surviving Tenant Affidavit a/k/a Deceased Joint Tenant Affidavit (example form:...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: How would you include the %'s in an Illinois Executors Deed when you have 1 executor but multiple heirs/grantees (6)?

Trying to fill out an Executors Deed. I have one executor but about 6 heirs/grantees. Do I just list each heir and their percentage and say individually? For example: John Doe (20%) individually, John Doe Jr. (20%) individually, etc. Should percentages not be included?

Stephen Sotelo
Stephen Sotelo
answered on Jan 23, 2023

An Executor's Deed or Administrator's Deed is generally utilized when the Representative is "selling" real estate to a third party.

On the other hand, when a representative is merely releasing the estate's interest in the property and confirming title in the heirs...
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2 Answers | Asked in Probate for Illinois on
Q: Grandma (decedent) quit claimed house to aunt (now deceased) no known will, not in probate. I am last living relative.

Can I claim this house. If so how? The property has been vacant over a year. Deed still in aunt's name and someone recently paid taxes.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 5, 2023

There is no such thing as "claiming" the house. If property is owned by someone who dies, then that property can be transferred by small estate affidavit if the amount is small and there is no real estate. Here, you are dealing with real estate, so the small estate affidavit is not an... View More

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2 Answers | Asked in Probate for Illinois on
Q: Grandma (decedent) quit claimed house to aunt (now deceased) no known will, not in probate. I am last living relative.

Can I claim this house. If so how? The property has been vacant over a year. Deed still in aunt's name and someone recently paid taxes.

Stephen Sotelo
Stephen Sotelo
answered on Jan 5, 2023

An attorney or title company will need to perform a title search/examination to confirm ownership of the property, but assuming your aunt was indeed the sole owner as a result of the quitclaim deed, then title to the property would now be with her lawful heirs (subject to timely creditor claims and... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?

The guardian, the guardian who also is executive... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.

1 Answer | Asked in Probate and Wrongful Death for Illinois on
Q: I have a question about distribution of a wrongful death settlement to heirs once the amount enters probate.

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

Bryan R. Bagdady
Bryan R. Bagdady
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.

1 Answer | Asked in Estate Planning, Probate, Tax Law and Banking for Illinois on
Q: Is there federal laws for a trust
Anthony M. Avery
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answered on Sep 14, 2022

Tax laws and ERISA Qualification laws come to mind. Banking Statutes also cover Trust Regulation. Securities Law may often be indirectly determinative. There are probably many others. Obviously Anti-Trust Statutes. State Laws control most disputes, but Trusts often involve several possible... View More

2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Who gets IRA payout when someone dies without beneficiary in IRA but with a will and living trust? Can it go to trust?

Deceased has a will & trust, but there is no beneficiary designated in IRA (rollover and Roth). Deceased does have a spouse.

Couple questions:

1.) Who gets the payout?

2.) If it goes to estate, can the payout be directed to trust? Please note the Will has a... View More

Stephanie Sexauer
Stephanie Sexauer
answered on Jul 9, 2022

I’m so sorry to hear of your loss; I hope you’re hanging in there.

When someone has a trust, the purpose is to avoid probate. The way you avoid probate when you have a trust is to fund the trust by making sure the trust is listed as beneficiary (or owner) of assets. There are...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: What do I need to do my mother passed with no will she has estate and a vehicle thanks
Stephanie Sexauer
Stephanie Sexauer
answered on Jul 7, 2022

I'm so sorry to hear of your mother's passing; I hope you're hanging in there.

Her estate may need to go through probate. Probate court proceedings are needed when 1) someone owns real estate or 2) other cumulative assets that don't name a joint owner or beneficiary...
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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away without a will he was a famous photographer. Who would get his copy right me his daughter or my uncle

We are fighting over the copy right. I have his dna but he never knew me he was my dad. He was madly in love with my mother. My uncle and my mother have stated after dna test that he is my father… he lived in California. San Jose. Also who would get his life insurance?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2022

This is actually a probate question, not a copyright question. You should consult a probate attorney in California.

Without a will or trust, the law of "intestate succession" governs who inherits. California is a "community property" state., so all the decedent's...
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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away with no will. My grandparents are keeping his property

They are preventing me from filing an affadavit of heirship.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 16, 2022

Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed,... View More

1 Answer | Asked in Probate for Illinois on
Q: Can you petition to change executor of will & can home improv be paid from assets prior to probate?

Will from 1983 & beneficiaries would agree to whomever the change would be. Party in question is incapacitated but home needs work before can sell for probate.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Feb 14, 2022

The short answer to your question is "yes."

The longer answer is that the executor's duty is to "carry out the wishes of the decedent," acting in the utmost good faith to protect the interests of the beneficiaries, "exercising at the very least that degree of...
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