Get free answers to your Probate legal questions from lawyers in your area.
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... View More 
answered on Feb 24, 2019
You are bound by the terms of your Marital Settlement Agreement.
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... View More
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... View More
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.
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
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... View More
What recourse do I have? I thought that the court required all interested parties to be notified of all court activity.
answered on Nov 14, 2018
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... View 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
answered on Oct 22, 2018
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.
my mom recently passed she was married he is deceased before her is the house now my mother beneficiaries which is me an my sister
answered on Oct 16, 2018
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... View 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... View More
answered on Oct 1, 2018
If you are the sole heir, he had no debts and the estate is less than $100,000.0, you can use a small estates affidavit to get the funds.
answered on Sep 14, 2018
In probate there are deadlines for doing things.
Also, what the executor or administrator has to do is based on how they were appointed.
Assuming you were given an inventory and accounting and you did not object, then you may be out of luck.
If there was a hearing on the... View 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... View More
answered on Sep 8, 2018
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... View 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... View More
answered on Aug 29, 2018
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.
If... View More
answered on Aug 26, 2018
Depends on how it was left to you.
Were you a joint tenant.
If so, it belongs to you.
Otherwise, may need to probate his estate.
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... View More
answered on Aug 25, 2018
When someone dies leaving a will, in Illinois whoever has the will is required to "lodge" it with the clerk of court.
The will then is available for review by anyone.
Failure to lodge the will is punishable.
If she is the named executor and fails to open an estate,... View More
Arizona: Informal probate.
answered on Aug 18, 2018
Hi there,
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... View More
I have a dispute with my family, they gained access to money under my name and then had me mentally committed where now they are smearing my name in court proceedings to the point where a judge is providing a waiver of service for me to attend these proceedings. According to the multitude of laws... View More
answered on Aug 1, 2018
The stakes are for too high for you to act as your own lawyer in this case. I admire your spirit, but the time has come for you to hire a lawyer. Bring him or her the research you've done, but by all means hire a lawyer. Don't risk your freedom (financial and otherwise) by trying to do it... View More
An in law admitted stealing the things from my late Moms house in Illinois claiming the items belonged to my Mom's boyfriend's for which the in-law is acting as his POA as he is quite ill. However the items stolen exceed $25,000. I inherited the house and all its contents.
answered on Jul 31, 2018
If you take something that belongs to you, that is not stealing.
Sounds like a civil dispute.
To bring it to a head, you need to open an estate for your mother and file a Citation to discover assets that may have been concealed, converted or embezzled.
My mother passed away in Illinois without a will. I reside in Texas. Her estate (accounts etc) are going to probate. Do I need to file a claim to receive assets, or will the natural process of probate take care of this?
answered on Jul 27, 2018
Was she married at time of death.
If not, you would be entitled to be appointed administrator.
Why don't you take charge.
My mortgage with the private lender is signed and notarized. I am always current with my payments (principal, interest, and property tax). The lender is going to die soon and his family told me that I need to refinance and that the probate judge will likely make me pay the mortgage in full... View More
answered on Jul 22, 2018
There is a note and mortgage.
The note says when the payment is due.
Most notes say that the terms of the note apply to assigns and heirs.
His estate will own the note.
The terms of the note don't change.
Mother has been dead almost 5 years. All assets held in trust. I am paying taxes on mother’s investments still.
answered on Jul 9, 2018
If you've talked to her and she won't take appropriate action, the only way to force her hand is to hire a lawyer and take her to court.
Can u continue to keep investments and annuities open after the persons death? The estate is still paying taxes on her investments and she is dead almost 5 years. Trust states estate to be finalized within one year of death
answered on Jul 9, 2018
Trusts and Probate Estates are two different things.
In a trust, there is a trustee who carries out the provisions of the trust. If you don't have a copy, you need to get one to see if she is carrying out the provisions of the trust.
If the deceased had assets which were not in... View More
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