Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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

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.

Timothy S O'Brien 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

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.

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.

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

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

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

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:... View More

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... 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 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

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.