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Illinois Probate Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning and Probate for Illinois on
Q: grandfather was part of the McDonnell Douglas asbestos settlement I believe my sister is receiving and cashing my funds?

Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 2, 2019

Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: husband pasted away 18 years ago was given money donations put money into savings accounts for the 2 girls we had

but had to use the money for things that came up can they sue me for the money

Marilyn  Johnson
Marilyn Johnson answered on Sep 23, 2019

It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.

1 Answer | Asked in Probate for Illinois on
Q: I'm looking to be sure I fully understand the below agreement between my brother and I in regards to an estate:

I withdrew last names:

Brandon agrees to pay Brooke 20% of actual cash value (ACV) of the

above listed property after all debt (current and unknown) and fees paid relevant to

Marilyn and Mark’s estate and property.

Fees include but are not limited to active... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 20, 2019

What is your question?

1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on
Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg
James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

1 Answer | Asked in Probate for Illinois on
Q: How do I object someone who is seeking to become administrator of my father’s estate? He died intestate. Thank you
Ray Choudhry
Ray Choudhry answered on May 3, 2019

If you have a legitimate objection, you file an objection with the Probate Court.

Check with the court clerk as to how hearings on your objection are scheduled.

1 Answer | Asked in Probate for Illinois on
Q: I'm a beneficiary in a will that has been in Probate for almost 3 years now I live in Iowa but the case is in Illinois.

I have no idea what to do at this point any advice would be greatly appreciated thank you

Ray Choudhry
Ray Choudhry answered on Apr 11, 2019

When someone opens an estate, they have deadlines.

Within 60 days they have to file an inventory.

Within 14 months they have to file an accounting.

If you did not receive these, you should contact the court to find out what is going on.

Even though you are a...
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2 Answers | Asked in Probate and Estate Planning for Illinois on
Q: My father died without a will. His wife is selling their home. Are his children entitled to any profit from the sale?

His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.

Drew Ball
Drew Ball answered on Apr 9, 2019

Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased... Read more »

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1 Answer | Asked in Family Law and Probate for Illinois on
Q: Is a father's son's wife's (all dead) brother allowed to probate father's house when he has a living brother - no wills?

My father-in-law (Bob) his brother Norman (died) and had a deed to his house in his son's Len (died) name. Len's wife (Joann) died a week later. Now Joann's brother (Tom) opened probate cases on the estate of Len (for Norman's house) and Joann. Is he legally entitled to them? What about Bob,... Read more »

Ray Choudhry
Ray Choudhry answered on Mar 18, 2019

What do you mean had a deed to his house in his son's Len (died) name.

If Norman put the house in his son's name, it is the son's house and Norman has nothing more to do with it.

When the son died, it goes to the son's heirs.

Assuming he had no children, it goes to his...
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1 Answer | Asked in Tax Law, Divorce, Family Law and Probate for Illinois on
Q: Can I claim child tax credits for 2018 if ex-spouse died?

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... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 24, 2019

You are bound by the terms of your Marital Settlement Agreement.

1 Answer | Asked in Probate for Illinois on
Q: Do I have the right to receive stock my mother had as stock and not cash?

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... Read more »

Ray Choudhry
Ray Choudhry 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...
Read more »

1 Answer | Asked in Probate for Illinois on
Q: If a property in Wisconsin is owed by 4 siblings and one dies without a will does his share of property pass to his chil
Ray Choudhry
Ray Choudhry 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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My father is very ill, my mother is still living and estate goes to her and in both names. Does she need to probate?

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

Ray Choudhry
Ray Choudhry 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...
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1 Answer | Asked in Probate for Illinois on
Q: I am an heir/legatee in an estate. There were several court dates and I was not notified nor given the filed motions.

What recourse do I have? I thought that the court required all interested parties to be notified of all court activity.

Stephanie Sexauer
Stephanie Sexauer 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 give notice.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: My brother filed A probate to become the independent executor can I object .

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

James G. Ahlberg
James G. Ahlberg 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.

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: deceased family member beneficiaries question

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

James G. Ahlberg
James G. Ahlberg 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... Read more »

2 Answers | Asked in Probate for Illinois on
Q: Question regarding my dad and his bank account. He passed away the 25th of august.

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... Read more »

Ray Choudhry
Ray Choudhry 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.

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1 Answer | Asked in Probate for Illinois on
Q: Probate closed, but I'm still not happy - what do I do to appeal it?
Ray Choudhry
Ray Choudhry 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...
Read more »

1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Illinois: Does heir-at-law (child) who is NOT trust beneficiary have right to copy of trust after grantor (parent) dies?

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... Read more »

T. J. Jesky
T. J. Jesky 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... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Illinois on
Q: My father passed away from dementia his attorney also I find out has passed how do I get a copy of his will?

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... Read more »

Jeremy Wang
Jeremy Wang 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...
Read more »

2 Answers | Asked in Real Estate Law and Probate for Illinois on
Q: My husband passed away and legally left me his business. Do I still need a lawyer to sell the building?
Ray Choudhry
Ray Choudhry 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.

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