Illinois Estate Planning Legal Questions

There process that must be followed to get the house in your name. It depends on whose name is on the title now. If it was just Mom, then an Affidavit of Heirship must be prepared to show to who is passes to, if there is no will. If there is a will, the will has to be filed and depending on the size of the estate and the date of death of your Mom, a probate may have to be opened. There are also may other possible twists and turns.... Read More

All owners have to sign a deed to transfer it. If an owner owns a defined partial interest as a tenant-in-common that partial interest can be transferred but such a transfer will not change the ownership of the other partial interest owners. A partition action would be required to sell the property as a whole. You should consult with an attorney to discuss your options.... Read More

If your sister-in-law did without a spouse, had no children, and her parents pre-deceased her, then her siblings would be her heirs under the statutes on Descent and Distribution. If your husband was alive at her death and was her only sibling then he would be her sole heir. He could file a claim for the asset using a small estate affidavit, assuming no probate was opened for his sister. You can only use a small estate affidavit if the assets are less than $100,000. What was the value of her assets when she died. What happened to her assets then? If an estate was opened then it may have to be reopened now. If no estate was opened for her then you would have to open an estate for your husband to file a claim on his behalf. You should consult with an attorney.... Read More

There are too many unanswered questions. IF you do not want the truck and have not signed any papers, turn the truck over to the company that holds the lien. You are not personally liable for the payments unless you agreed to be liable. IF there are other heirs, offer the truck to them. Same with the house. Title passes to you on death. But you did not sign for the loan. To avoid liability for ownership of the home, a formal disclaimer will void liability to the local units of government.... Read More

You are entitled to an accounting. You are entitled to the interest/income earned in the trust. Failure to make the required payments would be a breach of the trustee's fiduciary duties. You should bring all of the paperwork you have to an attorney located in the County where your grandfather lived.... Read More

Statute requires that a Will must be filed with the Clerk of the Circuit Court in the county where the decedent lived at the time of death. It the decedent owed real estate at the time of death the real estate should be sold through a probate proceeding. You should see an attorney that can examine the record and review your options to assert your rights.... Read More

Any person with a potential interest in the property interest can bring a Quiet Title action in a court of general jurisdiction. The court should be located in the county where the property is located. You may be able to bring the case in the county where your mother is located but it might be subject to a change in venue. You should see an attorney to review the documents you referenced in your description.... Read More

If there was a will Illinois statute requires that it be filed with the clerk of the circuit court in the county of residence. If you know your father had an attorney you could ask the attorney if he knew whether your father had a will prepared. Property held in joint tenancy will transfer to the surviving joint tenant. Personal property would be in that category, except, possibly an automobile. You could check the public record to see how his residence or other real estate was owned. If you owned an asset in his own name, and there is no will, then the asset would be distributed by the statute on descent and distribution. In that event the asset would be distributed to the surviving spouse and divided amongst his children. You should see an attorney to discuss your options.... Read More

The designated beneficiary of the insurance policy predeceased the insured, therefore the insurance proceeds would go the contingent beneficiary under the policy. If no contingent beneficiary is named the proceeds go to the estate of the insured. A probate estate must be opened. Heirship will be determined by the court. Since there is no will the Statue on Descent and Distribution applies. Since the deceased had no wife or children and the parents predeceased the decedent, the estate would be divided amongst the siblings. There are two siblings so the estate is divided in half. Half to you and half to the children of the deceased brother, if the children can prove paternity. If the brothers children cannot prove paternity then all to you as the sole heir.... Read More

You do not state if there are other assets in the estate to pay probate expenses. You also do not state if the house was granted to you and your uncle as a specific bequest or as a residuary bequest. The type of bequest makes a difference in whether your share of the legacy can be used to contribute to the purchase price immediately. Other factors relating to estate creditors and the ability of the estate to pay its obligations are also involved. You should consult with an attorney to determine the best way to proceed. You can purchase the property out of the estate in the same manner as any other purchaser. You would pay market value, as determined by the executor. If you and your uncle are the sole heirs of the estate, and there are no creditor issues, the determination of value can be more casual. If there are other heirs the determination of value must be more rigorous to protect the executor.... Read More

On its face $7,000 for a closing seems excessive. However, did the attorney handle other matters besides a mere contract and sale transaction? Were there zoning, building code, probate, title clearance or other matters that impact the ability to sell the property that had to be dealt with in order to complete a sale?... Read More

You do not inherit from a living will. I=A living will deals only with the care the signor wishes at the time of death. So there is a substantial question as to how you now claim ownership. Once those questions are properly answered, then it can be determined what kind of lawyer you will need.... Read More

I'm not sure these affidavits will work, but a judge may accept them. Typically your options are to accept the property or disclaim it. If you accept the property you can then give it to your youngest sister. In accepting it, you don?t have to physically take it, but you can have your share given to your sister. I think that?s how the affidavit would have to work. In that case, your kids would not be a part of this unless they were claiming you were not competent to make decision and affidavit. Alternatively, if you were deemed to disclaim the property, it would be treated as if you predeceased before your brother. In this case, you would have a problem because your disclaimed property would go to your kids. Therefore, you will have to do something that acts as you accepting and gifting the property to your youngest sister.... Read More

If your brother did not leave a will, then his "last wishes" will have no legal force or effect. His estate will pass to his legal heirs. Those that don't want their share can certainly gift it back to another sibling. I strongly suggest that someone retain counsel to sort through all of the issues.... Read More

Yes, the management company is well within their rights to refuse your entry. At this point, there is no one with the legal right to get into the property or collect your brother's personal property. For the funeral purposes and need for clothing, you may want to work with the management company and police to work something out. Maybe with a police escort, they will permit you to arrange for your brother?s funeral and obtain the clothing necessary. However, it will be limited to that if they even let this happen. To get a Letter of Administration (also called Testamentary Letters sometimes), you will need to start a probate estate in the county where your brother last resided. In that petition, you will request to be appointed as the Executor/Administrator for his estate. At that point, you will be the one with the legal rights and obligations to collect all of his assets, pay his debts or deny them, and provide for a final distribution of his property.... Read More