Without knowing the specific facts it is hard to tell what is going on here. For example, if your dad had transferred the real estate to her during his lifetime, then she is within her rights to sell the property as she is the rightful owner. You could check with the Recorder of Deeds in the... Read more »
As part of the divorce settlement, he kept the condo in Chicago. He remarried 2 years ago, but didnt put his wife's name on the property. He was literally at the condo getting it ready to sell when he died (massive heart attack). He did not have a will, so his current wife contact 2 lawyers... Read more »
Hi there,
I'm so sorry to hear about your brother. I hope you're all hanging in there.
In Illinois, if your brother didn't have children, his assets (that don't name a beneficiary or joint owner) would pass to his wife. If there was a probate proceeding,... Read more »
The law school that I went to never touched this subject. I would suspect that there is no authority whatsoever answering your question.
There's also a house he claimed he bought from my parents I asked him
Show proof he will not its part of the asset well time is up and he will not add the house just wants to split the trust as is what is my legal right he also had to take money out of the trust fund to pay off this... Read more »
If you are a beneficiary you have a right to see at least some of the trust paperwork, and likely all of it. Some trusts may include language limiting information which can be shared. It sounds like your brother is the named trustee. To start, you can ask to see the names of trustees in the... Read more »
Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.
When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is... Read more »
I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... Read more »
To say which is "best" is subjective and would depend on many factors. However, the three most common ways to accomplish the goal of leaving you the house are:
1. Adding your name to the title.
2. She can leave it to you in her will.
3. She can put it in a trust... Read more »
he is now deceased but his wife is still alive and she wants change it she thinks its unfair
please let me know
thank you
The devil is always in the details. In general, the trust can only be changed by the grantor (the one who created it). Once the grantor passes away, the trust is as it is.
However to fully address the issue it would be best to give all relevant documents to a lawyer for review. The... Read more »
In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... Read more »
My mother's name is on the Illinois unclaimed property list, by my neglect and procrastination. Must I go through the State of Illinois/Cook County, where she resided and died, to claim this property? I would prefer to go back to the sources (Chase checking account on which I am joint holder;... Read more »
In most states once assets are escheated (turned over) to the state, that is your exclusive way to recover those assets. You must go to the state as the holders of these assets have turned them over to the state. If your state is anything like PA, this process is very detailed, complex and time... Read more »
The lake county clerk’s office said they are not giving those out letters out which is impossible
A petition, affidavit, consent of the remaining heirs and other papers need to be filed with the Probate Division of the Circuit Court. Once the Probate Judge reviews all of the papers and they are in good order, he/she will make the appointment of independent administer.
Mother died a month ago, my sister is executer, she has covid and last told she is on a vent. Her daughter will not tell me her health status or locations she is in a hospital in Illinois. All three of us are beneficiaries, I don’t know the amt. of the estate, there is a house. No secondary... Read more »
Whoever holds the will at the time of death is obligated by law to file it with the court or as you say "turn the will over" to probate. So don't view that as something done behind your back. You can file a petition to remove the executor and identify yourself as a replacement... Read more »
My ex husband and we will be receiving a lump sum amount for a settlement. It will be split 3 ways our child is a minor and would like to setup a account where both parents would need to be present to be able withdraw funds and show proof for what it would be used for. If our child whether is a... Read more »
In the question itself, I think you meant to say 50/50 not 50/05.
What's the difference if it's you ex or stranger, you are setting-up a trust account for your daughter.
It seems she will be the beneficiary of the Trust. It all comes down to the Trust Agreement to protect... Read more »
My mom had nothing in writing, but the 3 kids are in agreement to sell the home and split the money, how do we do this? I actually want to buy my sisters out. I am currently living in the home, I moved in to pay the bills while mom was to be in a nursing home for an indefinite amount of time, she... Read more »
If a decedent passes without a will and the estate has a value exceeding $100,000, then you need to open an estate and someone must be appointed as the Administrator of the intestate estate. There is a slew of information the court will want at the beginning stages in order to determine who should... Read more »
I received a supoena for IL estate court for my deceased father's estate & and I am concerned for my health (asthmatic) & my spouse at home with prexisting health issues. If I raise this concern, can I be relieved from attending?
Call the lawyer that subpoenaed you. Or the Circuit Clerk's office in the county where you are supposed to testify. Ask if you can appear by zoom instead. Although you are in Benton, I am not sure in what county you are supposed to testify. We have Zoom court for most civil things in... Read more »
The attorney (friend of one heir) keeps returning to court, has not expeditiously settled this and does not relate information to the heirs. He insists it’s due to IRS tax due but the payment was recently returned from the IRS to the estate administrator. Please advise how we can finish this.... Read more »
It is difficult to answer your question. When the administrator was appointed, the court would have ordered the estate as supervised or independent. If supervised, then the administrator is responsible to file an inventory and regular accounts. It does not sound as if that has been done. Anytime... Read more »
Closed May 2018. What can I do to claim as his legal heir
You need to look at the probate file and determine what happened. You will need to see who was identified as an heir. There should be an order declaring heirship. If you were not identified as an heir, then there is a likely issue. I have no idea if your address was unknown to the person appointed... Read more »
We were told we would receive a letter and through research it is a definate relative. But we want to find out about the case and cant get any information. How does that work when someone dies and has no heirs no spouse no kids etc. We just want to know if we need to prepare for this because this... Read more »
Find a lawyer or paralegal in the vicinity of the decedent to help you search the local probate court records for a probate case filed on behalf of the estate.
Both my parents died last year. I asked my sister if she was going to file their will. She calls me and says i dont have to file a will or whatever cause I am soul aire to everything they had, but there are seven kids. She said the law says she has to give me a dollar and she will do that as soon... Read more »
You have six months from the filing to contest the validity of a will in IL. You should consult with a probate attorney in IL.
Father died & step-mom is selling their marital home. His Will only named his current wife. Upon selling their marital home of 30 years she remembered the title is joint tenancy with 50% to her and 50% to his 4 heirs (2 are her biological children with him and 2 are only his biological... Read more »
It seems you have property rights in the home. I believe she is mistaken that your property rights will be wiped out in the probate court. You were given the property before your father died, which means that part of the property does not go through probate. I would not sign the quit claim deed if... Read more »
I am legally divorce with my husband but we both signed a document appointing me adminIstrator of the estate we are finalizing a lawsuit. Am I the one who distributes the funds to him and our children or who is the one responsible to do that ?
Yes, the administrator of the estate is responsible to ensure the bills are paid, the taxes are paid, the assets are accounted for, any specific gifts are properly distributed, and the remainder of the estate is then distributed per the wishes of the grantor.
There can be co-administrators.... Read more »
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