Illinois Estate Planning Legal Questions

Ask a local probate attorney whether Illinois has a transfer on death deed and, if so, transfer the deed not to your son directly but to a trust which will allow him life time occupancy but, when he abandons the property, divide the proceeds ot any sale among him (or his estate) and your other two sons.  Note that (1) you must create a trust and have a trustee other than this son and (2) you may want to incorporate a special provision for any spouse or minor children who remain behind, whether because your son has died or because he has entered an assisted living or nursing facility.... Read More

There are normally three grounds for contesting a Will:  fraud (such as forgery), lack of legal capacity to make a Will, and undue influence.  Your description indicates none of these.  Rather, it indicates that writing you out of the Will was for a long time a part of your mother's estate plan.  Whether you can recover something from the estate for your expenses and your services is another matter.  Please contact a probate attorney who handles fiduciary litigation in the county in which your mother's Will will be probated, bringing all receipts and records of what you spent and the services you provided.  Keep in mind that your mother's decision may have been based not on a lack of regard for you but on a concern that your brothers would need the money.... Read More

As executor your duty will be to gather the assets, pay the bills and distribute what is left according to the Will.  If your mother wants your sister to have the house, she should gift it to her in a Will or in a deed which transfers title on death.  If not, you may be obliged to bring an action in small claims/justice of the peace court to evict your sister. ... Read More

It is highly unusual for an estate to be in probate for 10 years.  It is also highly unusual for beneficiaries or heirs to wait 10 years to complain that they have not received a distribution. Without examining the deed to the property, the evidence of payments and nonpayments, no one can say what, if anything should pass to you and your siblings.  Please gather all the documents and take them to a probate attorney who practices in the county in which your mother lived and died.  But note that it may be too late for you to complain.... Read More

The loan is secured by the property.  With the lender's permission, you can pay off the loan.  The lender can also foreclose. Please note that a quitclaim deed is not a "quick claim deed" and does not transfer title to (ownership of) land.  It only records that one person quits their claim to disputed land, such as an easement or alleyway.  ... Read More

You do not write whether the bank account is the estate's bank account.  If so, and if you are named as executor or administrator of the estate, endorse the check as such and deposit it.  Then distribute the funds according to your mother's Will or, if there is no Will, the intestacy/heirship laws of her state.... Read More

The answer may turn on whether this was a wrongful death action brought by an heir or a negligence action brought on his behalf by his agent under a Durable [Financial] Power of Attorney.  If the latter, it is payable to his estate.  Your local probate lawyer should advise you.  "Someone" often only thinks they know the law.... Read More

1) Funds from the estate can pay off the load and the vehicle becomes part of the estate. 2) The estate can sell the vehicle and pay off the loan with the proceeds. 3) The estate stops paying the loan and the vehicle is repossessed by the holder of the loan. 4) An heir of the estate can inherit the vehicle and pay off the loan.... Read More

Things that happened before your mother died is going to be difficult because she can claim it was given to her by mom. Unless someone has a way to prove it didn't happen or that she unduly influenced her to give it to her, then the likelihood of a successful claim is low. As for after mom?s death, you?ll have to check the owner of the property. If she owns it because it was transferred to her before mom?s death, you are back to the first question. If not, then you have a good chance at getting proceeds from that sale provided that there wasn't a will or trust saying it went to that sister.... Read More

If you inherit property subject to a security interest, like a mortgage, that property can be used to pay the debt, but you are not personally liable. Since the mortgage on the house is already in arrears it is unlikely that you can stop the foreclosure action by merely paying off the arrearage. You will have to refinance the entire mortgage. This will require the estate to distribute the property to you. If you receive other assets from the estate, assets that could have been liquidated and used to pay creditors of the estate, then those creditors can follow the assets and seek to have the assets turned over or they could attach and sell the assets to pay the estate debt. You would not be personally liable for the estate debts but you cannot receive an estate distribution if the estate owes money to creditors.... Read More

It is way past time to close the estate account. The executor should provide you with an accounting of the assets, income, and costs, that may take some time to put together. Once the house and the vehicle were sold the estate accounting should have been done and the assets distributed. With the house sold and the length of time since your mother's death, there is no valid reason for the delay. Now it is the inconvenience of preparing the accounting and that should be done as soon as possible. You may need to push the issue by using an attorney.... Read More

You should ask to see a copy of the Trust Agreement. You should find out if the house was transferred into the trust before you passed away. This information will be critical to you determine your status and your options. You should see an estate planning and probate attorney to discuss your options.... Read More