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Illinois Estate Litigation Legal Questions

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5 legal questions have been posted about estate litigation by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Illinois Estate Litigation Questions & Legal Answers
Do you have any Illinois Estate Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 5 previously answered Illinois Estate Litigation questions.
Estate Litigation
Illinois

Recent Legal Answers

Regarding an estate: Can a companion to the deceased take possession of his car (on payments in his name)

Answered 9 years ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
A couple things you may not know that can be useful: your uncle's power of attorney is not operative after his death, property he owned jointly with his companion goes to the companion automatically upon his death regardless of what his Will states, and any assets owned by a trust are managed and distributed in accordance with the trust not his Will.  An executor of your uncle's estate would have the legal authority to control and distribute any assets owned soley by your uncle in accordance with his Will.  The probate court appoints the executor, so the next step would be to file with the probate court.  Spouses, parents and adult children have priority to be appointed, but your filing as a niece or nephew would at least get the process started.  Notice would go to his companion and closest relations, and they would have the ability to seek appointment and file his Will, or be required to file the Will with the court if they do not comply.  If the companion seeks appointment, you can oppose it and present evidence to the court of her or his taking the car, etc.   ... Read More
A couple things you may not know that can be useful: your uncle's power of attorney is not operative after his death,... Read More

Is a named beneficiary in a Trust entitled to see the original Trust without it being redacted?

Answered 9 years and a month ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
Most states do not have a law requiring a trustee to provide the entire trust document to beneficiaries.  You are entitled to see those sections of the trust that pertain to your distributions, and to annual accountings.  If you suspect wrongdoing you can seek to remove a trustee in probate court, or ask that the court supervise the trustee's administration of the trust.  ... Read More
Most states do not have a law requiring a trustee to provide the entire trust document to beneficiaries.  You are entitled to see those sections... Read More

Am I entitled to my deceased mom's share of my deceased grandma's estate?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
Talk to a local IL lawyer. In PA, you may be entitled to your mom's share, under the state laws of intestate succession if there was no will. 
Talk to a local IL lawyer. In PA, you may be entitled to your mom's share, under the state laws of intestate succession if there was no will. 

Are mental health records admisable in court proceedings against someone

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
normally, mental health records are protected from dissemination unless the person consent for thier release. there are exceptions, so ask a local attorney. 
normally, mental health records are protected from dissemination unless the person consent for thier release. there are exceptions, so ask a local... Read More

Is the successor trustee bound by law to communicate with beneficiaries at least annually.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
The answer depends entirely on the terms of the trust, which you do not provide. What does it say?
The answer depends entirely on the terms of the trust, which you do not provide. What does it say?
Estate Litigation
Illinois

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