Get free answers to your Probate legal questions from lawyers in your area.
I've been living in my parent's home for 22 years and provided unpaid care for my father, who had chronic COPD, cancer, and other health issues, for 13 years. I was added to two joint bank accounts with him to manage finances and paid property taxes, home insurance, and maintenance costs.... View More 
answered on May 5, 2025
You must be careful not to mix or confuse your care for an aging parent with your rights to property under a will or trust. Carefully review your parent's last wishes, as reflected in the signed estate documents, and abide by the final wishes of your father under his codicil or other governing... View More
My husband passed away on February 6, 2025, in Illinois without a will. The estate, consisting solely of cash from the sale of our house, is currently in probate and will be until at least September 5, 2025. I have relocated to Florida and have not had a steady income for about three years. I am... View More
answered on Apr 24, 2025
So sorry for your loss. I'm assuming that September 5 date is six months after the third week of publishing in the paper of the notice of the probate of the estate. That would be when all potential creditor claims would be barred for failure to respond within the required time to make a... View More
My ex-husband recently passed away in Illinois and owed a substantial amount of debt. He did not leave a will, and there has been no probate process initiated. He is due to receive a settlement from an accident soon. Given that he has a daughter and son as his next of kin, will the creditors be... View More
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answered on Apr 4, 2025
Creditors can probate his Estate. If they do not then they probably will not collect. The claimants need their lawyers to explain their IL exemption rights if any, and plan on where the settlement monies will be deposited, etc. Claimants need to think about asset protection now.
I am seeking information on the legal steps I should take following the death of my husband today. We were considering divorce prior to his death. There are no unresolved legal matters from the marriage, and I don't have concerns related to inheritance or property division. Can you provide... View More
answered on Apr 4, 2025
I'm very sorry for the loss of your husband. This is something that an Illinois attorney should advise on, but your question remains open for a month. You were still married for all intents and purposes - it would be best to reach out to Illinois attorneys who handle Probate & Estate... View More
My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More
answered on Feb 16, 2025
According to the Illinois Compiled Statutes (ILCS)
(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after... View More
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.
My former stepchildren are contesting my husband's will, claiming he was under the influence of pain medication and under undue influence when signing it. He was dying from cancer, and his friends witnessed the signing of the will. I was served papers late Friday evening, but the petition... View More
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answered on May 15, 2025
First, you should consult with an attorney as soon as possible to address both the incorrect county issue and the will contest. The wrong county on the petition is a procedural error, and your lawyer can file a motion to correct this mistake and ensure the case is heard in the proper jurisdiction.... View More
I received a letter stating there is a hearing regarding the petition to terminate independent administration for my father's estate, focusing on whether it should be court-supervised. My stepmother is the executor, and my sibling and I have concerns about the validity of the will provided. We... View More
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answered on May 15, 2025
A hearing to terminate independent administration in an estate matter is a legal process where the court will decide whether to convert the administration of the estate from an independent process, managed by the executor without court oversight, to a court-supervised process. In your case, this... View More
My brother passed away two years ago, and I have been trying to notify the loan company that he owed money on his car. I've sent the death certificate and notified them via phone, mail, and email but received no actionable response. The bank repossessed the house, so I had to move the car to... View More
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answered on May 15, 2025
You’re in a difficult position, and it’s understandable that you want to be compensated for the time, effort, and space used to store your late brother’s car. In general, claiming storage fees from a loan company is possible, but it’s not guaranteed. Since there was no prior agreement for... View More
I recently closed my deceased mother's IRA account and have been advised that I will need to pay tax on the proceeds. I'm her daughter and trustee. The bank will report the information to the IRS, and I filled out what I believe was a W2 form. What percentage of the amount is typically... View More
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answered on May 15, 2025
If the IRA you inherited was a traditional IRA, then yes, the money you received is generally considered taxable income. The amount you pay depends on your personal income tax bracket for the year the funds were distributed. There’s no fixed percentage like 25% for everyone—some people pay... View More
I am seeking to determine if a lawyer can be held responsible for the loss to an estate in a situation where she took on a probate case but did not file it in court, allegedly because she was making a deal with another client to buy the property. The estate's real estate was sold for taxes,... View More
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answered on May 14, 2025
I'm really sorry you're dealing with this—it sounds like a betrayal of trust during a time that should have been handled with care and professionalism. If a lawyer accepted responsibility to manage a probate case but failed to file it, especially while negotiating a private deal to... View More
I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More
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answered on Apr 13, 2025
If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new... View More
My ex-husband passed away a month ago with no assets or will, and he had several thousand dollars in debt. He is due to receive a $30,000 accident settlement. There have been no probate proceedings, and creditors have not yet made any claims. His adult children wish to claim the settlement. Are his... View More
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answered on Apr 13, 2025
This is a difficult situation, especially when emotions are still raw and everyone is trying to make sense of what happens next. In general, when someone dies without a will and owes debts, **creditors have the first claim** on any assets or money that becomes part of their estate—including a... View More
My father, a resident of Rock Island County, Illinois, passed away intestate, leaving no assets aside from a 2007 Toyota Highlander and real estate valued at approximately $50,000. I am his sole legal heir and have submitted the Petition for Letters of Administration. Despite contacting the Circuit... View More
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answered on Apr 12, 2025
To close the probate case in Illinois, you will need to ensure that all necessary documents are submitted to the Circuit Court. Since there are no debts or liens, the process should be relatively straightforward, but you’ll need to complete certain steps. After being appointed as the... View More
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