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Illinois Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: good morning question my father inlaw set up a s trust for his family for the business he owned

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

Charles E. Hutchinson
Charles E. Hutchinson answered on Feb 24, 2021

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...
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1 Answer | Asked in Foreclosure, Probate and Small Claims for Illinois on
Q: How to get letter of administration?
Erik K Jacobs
Erik K Jacobs answered on Nov 19, 2020

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 »

1 Answer | Asked in Estate Planning, Banking and Probate for Illinois on
Q: RE: illinois unclaimed property of my deceased 2012 mother.

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 »

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

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 »

1 Answer | Asked in Banking, Contracts, Small Claims and Probate for Illinois on
Q: How to get letter of administration for wife whose husband died for the mortgage bank, for specific info, letter needed

The lake county clerk’s office said they are not giving those out letters out which is impossible

T. J. Jesky
T. J. Jesky answered on Nov 16, 2020

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.

1 Answer | Asked in Probate for Illinois on
Q: How do I find status and location of a sick possibly incompetent executer of my mother’s estate?

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Nov 2, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can my ex husband and I we setup a bank account (trust fund) for our daughter who we share 50/05 custody?

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 »

T. J. Jesky
T. J. Jesky answered on Oct 30, 2020

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...
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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My mother passed and there is no will, my sisters and I agree to sell the home and split the money, how do we do that?

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Oct 5, 2020

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 »

1 Answer | Asked in Probate and Estate Planning for Illinois on
Q: Do I have to appear in IL estate court if I get a subpoena during covid while concerned for mine & spouse's health?

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?

Cheryl Powell
Cheryl Powell answered on Oct 4, 2020

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 »

1 Answer | Asked in Probate for Illinois on
Q: My family has been trying to settle an estate in probate (no will) for over 5 years. All debts have been satisfied.

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 »

Bryan R. Bagdady
Bryan R. Bagdady answered on Aug 17, 2020

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 »

1 Answer | Asked in Probate for Illinois on
Q: My dad passed away in 2017 I am his biological child, I was never notified. His estate was intestate went to probate

Closed May 2018. What can I do to claim as his legal heir

Bryan R. Bagdady
Bryan R. Bagdady answered on Jul 14, 2020

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 »

1 Answer | Asked in Probate for Illinois on
Q: My husband recently found out he is apossible heir to a distant relative who passed away. How do we find out for sure?

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 »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

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.

1 Answer | Asked in Probate for Illinois on
Q: I believe my parents will is fake .. What can i do?

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 »

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Dad died & step-mom selling marital home. His Will names only current wife for all assets but title is tenants in common

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 »

George W. Svoboda
George W. Svoboda answered on Jun 29, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: If I am the appoint administrator of my child’s estate in a lawsuit am I the one who would distribute the money?

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 ?

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 19, 2020

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....
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3 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My husband passed with no will. His children are telling me they want his 2 trucks, motorcycle and trailer?

Do I have any right to the value of these after 30 years of marriage

Stephanie Sexauer
Stephanie Sexauer answered on Jun 16, 2020

I’m SO sorry to hear about this; how awful.

A surviving spouse is entitled to half the assets of a deceased spouse. Please call me at (312) 300-4743 to discuss, if you’d like.

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2 Answers | Asked in Estate Planning and Probate for Illinois on
Q: How to get control of my fathers house when he dies since I'm his durable poa
Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

Powers of attorney are automatically revoked at death. You will most likely need to be appointed executor of his estate by a probate court. However, there is a simpler procedure available if the vale of all of his assets, including house, cars, bank accounts, etc. is less than $100,000. A probate... Read more »

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1 Answer | Asked in Criminal Law and Probate for Illinois on
Q: Am I still on probation if county court RESENTENCED me to IDOC time SERVED, PAROLED and COMPLETED it???

I was originally sentenced to 30 months probation, transferred Woodford County to McLean County, then Woodford REVOKED my probation and RESENTENCED me. It seems to me I would be being sentenced TWICE for the same crime. (UNCONTITUTIONALLY). After RESENTENCING, the original sentence ( probation )... Read more »

Juan Ooink
Juan Ooink answered on Apr 17, 2020

You need to discuss this with the attorney that assisted you with this matter. That attorney will have all of the needed information in order to assist you.

1 Answer | Asked in Bankruptcy, Estate Planning and Probate for Illinois on
Q: My mom passed away I have her house in probate can I file bankruptcy

Or do I have to assume the loan first

Bryan R. Bagdady
Bryan R. Bagdady answered on Apr 14, 2020

A debtor's assets in bankruptcy include property received by bequest, devise or inheritance. Please review section 541 of the bankruptcy code before making any decisions. If you are inheriting the house and there is equity, you need to analyze how that equity is treated if you file for... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: Any rights and what to do?

Living in home with owner since 2014. Verbal agreement to be her caretaker and pay utilities and upkeep of home. All utilities in her name but paid out of my bank account. Notarized letter of residency w/ mine and her signature for schools for my children to attend each year. She passed away... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 13, 2020

According to your own recitation of the facts, the verbal agreement was premised, at least in part, on you being her caretaker. Now that she is deceased, the verbal agreement to stay and serve as her caretaker is ended. You have the option of either vacating or negotiation a rental agreement... Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: I have an estate law question.

My father passed away in February. My sister obtained keys to his house and she is now refusing to provide me with a copy.

James G. Ahlberg
James G. Ahlberg answered on Mar 13, 2020

You don't provide enough information for anyone to give you solid advice. Did your father have a will? If he did, who did he leave the house to? Has an estate been opened in your father's name? If so, who is the executor or administrator and what are they doing about this situation? If an... Read more »

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