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
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.
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
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
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
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
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
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
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.
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?
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
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
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
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.
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
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.
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
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...View More
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?
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
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...View More
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