Illinois Estate Planning Legal Questions

You do not both have to sign an affidavit but you should make sure there is enough information in the affidavit so that there is clear information as to how the title should read. Example: the affidavit should allege that the owner of the property has died and then give the legal description of the property (this description will be on the beneficiary deed if you have a copy of that). You should then recite your name and address and the name and address of the co-owner and how you own the property - i.e., as joint tenants with right of survivorship? As tenant in common? You should retain the services of an attorney to help you do this properly.... Read More

If a probate estate was opened (in the probate division of the circuit court in the county in which your father was living when he died) and the will was filed there and admitted to probate, the will is a public document. If no estate was ever opened you could consider filing an action in court to determine heirship. You will need an attorney to help you with this.... Read More

If your grandfather's will was probated you would receive a notice from the court. What is more likely is that all those CD's were either in a trust or were owned jointly by your grandfather and someone else. If you were not a beneficiary of the trust the trustee would not give you any type of notice. If you know where he banked and which bank issued the CD's they might tell you if you were a co-owner with your grandfather.... Read More

The creditor is entitled to be paid before the beneficiaries receive a penny. Speak with a probate attorney to make sure that the creditor complies with filing its claim after being given legal notice. If that has been done, then the creditor[s] must be paid before any distributions are made to beneficiaries. It may be that the estate has a claim against the brother. Speak with counsel to see if there is a recovery action possibility.... Read More

A person may make a power of attorney so long as they have the requisite capacity. Your questions may be misstated, and it may be a guardianship or conservatorship. Have an attorney in the state where your mother lives review the file or power of attorney and advise you on what action you may be able to take. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

One cannot be specific without knowing if the trust is already subject to the jurisdiction of a court, or is a petition to confirm trustee is needed. I urge you to retain counsel to review the trust, its provisions, make a demand and if necessary file in the ongoing or establish a case, or as otherwise directed by the governing document. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More