Illinois Estate Planning Legal Questions

Your health care power terminated at death. Until an administrator of the estate is appointed by the court. You and your siblings will have to fight it out there. You have no more right to gain access to the apartment. It may well be the subject of a police investigation as the scene of a crime.... Read More

Mom had kids (including you) in a prior marriage. She has remarried to a man (her husband at time of her death) who has kids of his own. Mom predeceases husband (step-dad) (with no will??). Death with no will means anything she owned goes 50% to spouse and 50% to kids via intestacy laws. If the property was jointly owned with husband, it goes to the survivor. I?m not sure what you mean by $160,000 in bankruptcy. Do you mean she has those outstanding debts? Or maybe she had that amount discharged in bankruptcy. I need more information about the parents building, such as what happened to the proceeds of the sale. Were they put in a joint account, an account for her, or where? Not sure what the life insurance is about. If she was beneficiary but predeceased, that should go to the contingent beneficiary. Any assets the step-dad (her husband) owned that she didn't would be in his name and go to his heirs / legatees. I think you should schedule a call with an attorney to talk about this. I don?t think there?s a lot you can do, but I?d have to as you a lot of questions to get a really good picture to be certain as to what is happening here. I've only been able to guess off what you have said.... Read More

If your parents dare both dead and neither had a Will then the assets of the last to die are distributed to all of their children in equal shares through a probate of the estate of the last to die. If they transferred their house to your sister before they died then the house is not in the estate and is entirely owned by the sister. You should obtain a copy of the deed from the office of the county recorder of deeds and have an attorney look at the deed that purports to transfer the house to determine if it is proper and the nature of the transfer. If the transfer was as a tenant in common there may be a portion of the ownership interest that remains in the estate. If the deed was never recorded then the transfer may not have actually occurred. Your situation should be reviewed by an attorney to determine your options.... Read More

If the Will filed by the girlfriend is valid then it will control the distribution of your uncle's estate. A Will does not require a notary public acknowledgment but it does require witnesses. The girlfriend will have to prove up the Will and you can challenge the Will if you think it was not properly witnessed or it there was some other problem, such as coercion. You should meet with an attorney and discovery your options and the procedures that must be followed. It may be in your interest to open a probate and deal with the Will head on. If that Will is not valid, and no other Will turns up, then the statute on descent and distribution will determine the distribution of your uncle's assets. If your uncle had no spouse or children then the statute looks to the parents and siblings of the decedent. If your uncle's parents predeceased him then his siblings share in his estate. If the siblings predeceased him then the children of the siblings divide the share that would have gone to the siblings. If your father was your uncle's only sibling then your father's descendant's, you and brother and sisters, if any, will share the estate. If your uncle had other siblings, then the descendants of those siblings will also receive a portion of the estate. You should see a probate attorney to review the entire situation and determine your best course of action.... Read More

The Credit Union will return the title to your mother's address in your mother's name. As an asset in your mother's estate, and without a will, the car will be distributed to her heirs. Since her spouse predeceased her her children will receive her assets. If you are an only child then you can send the title to the Secretary of State with a Small Estate Affidavit and have a new title issued in your name.... Read More

I'm assuming all the final taxes (income and estate, if any) were paid on your mother's estate. I'm also assuming that the property taxes have been paid and are up-to-date. If this is true, then you can claim a stepped up basis in the land to the time when your mother passed. Any gains from that time would be considered income and subject to income tax.... Read More

The information you provided is not complete. Has a probate been opened for your mother's estate? If so, is the real estate subject to the probate? Is your brother the court appointed estate representative? If the property is part of a probate estate and not yet distributed then your brother would not have the authority to lease the property. If your brother is the estate representative then he can enter into a lease for the benefit of the estate, however, the transaction may be subject to court order. There are risks and liability issues with the estate being a landlord. It also complicates the distribution of the asset. You should collect all the papers you have relating to your mother's estate and meet with an attorney to determine the proper course of action.... Read More

The mortgage will follow the property. The friend takes the property subject to the mortgage. If the friend pays the mortgage it is possible that the lender will allow the status quo to remain but the bank could force a refinance. All mortgages have what is called a due on sale clause. This will operate to allow the lender to call the loan and ultimately foreclose due to the change in ownership. Your father's estate is not obligated to pay off the mortgage. However, if the lender acts quickly enough they may be able to seek a deficiency judgment against the estate. The best option is for the friend to sell the property and keep the net proceeds of sale.... Read More

You do not state whether your step-father had a Will. Assuming he did not have a Will, his spouse and his children would be the co-owners of the property by the rules of descent and distribution at his death. Your mother, as spouse, has a 50% ownership interest in the house. She can create a will that would give you her entire interest at her death. She should see an attorney to create and execute a Will. She should also see an attorney to evaluate whether or not the facts and circumstances of her residing in the house since her husband's death support bringing an action for adverse possession. A successful adverse possession suit could result in her establishing ownership of the entire ownership interest in the house.... Read More

A Will and Power of Attorney are two completely separate matters. Whether a Will is valid is completely irrelevant to the power of attorney (or guardianship) that you will need to sell the house. However, Illinois law is the same with all estate planning documents. Under Illinois law, dissolution of marriage will automatically revoke the provisions of wills, revocable trusts, and powers of attorney that pertain to a former spouse. 755 ILCS 5/4-7(b); 755 ILCS 45/2-6(b); 760 ILCS 35/0.01. I hope there is a power of attorney for property that named a successor agent. Then that person could sell the house on your ex-husband?s behalf. If not, then you'll need a guardianship proceeding to have someone named as his guardian. Then that person can act on behalf of your ex-husband to sell the house.... Read More

If you were up to date on all your payments and not violating the terms in any other way, I'm not sure how they could evict you. If this is in the court and you feel like you have a binding contract you haven't breached, I'd see if I could file a motion to get the eviction stayed until you got to the bottom of everything. You can also document everything with regards to your mom?s health. You?ll want the doctors to verify her capacity. If she doesn't have capacity to understand and make decisions, many actions she takes may not be valid.... Read More

Your mother-in-law's interest in the business is an asset and part of her estate in one form or another. The type of entity will determine the nature and value of the asset. Was it a partnership or a corporation? You should consult with an attorney to review the business entity and the nature of the ownership interest.... Read More

Your question does not provide sufficient facts to properly respond. Are the funds being held in Minor's custodial account? Are they subject to a guardianship proceeding? If part of a Guardianship estate, is the bank the guardian or someone else? There are prudent investor rules that the fiduciary responsible for investment must follow. These rules guide investment depending upon the amount of the available investment and how often the principal must be used to support the needs of the minor. The first step is to meet with the fiduciary responsible for the investments and have them explain their position regarding available investments and the risks of alternative investments. You should then meet with an attorney to develop an alternate investment strategy that satisfies risk parameters while giving the minor child increased benefits.... Read More