Matthew Allan Quick's Answers

Trust and Will

If you are looking into estate planning, remember there is more to consider than wills and trusts. Other considerations include selecting an agent/patient advocate to help for medical/mental health decisions (and instructing them on what to do); selecting an agent to help maintain your property when you cannot do it yourself; ensure your plan is going to be effective (ownership is correct, all property and health care issues are addressed, etc.). It would be worth talking to an estate...

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Can I be personally sued for breaking a mall lease on a kiosk that's under my corporation , but I didn't sign?

Technically speaking, unless the signor was signing on behalf of the corporation, the business should not be bound. Further, since you did not sign in an individual capacity, you should not be bound. However, anyone can be sued for anything at anytime (it doesn't mean the suit will be successful, but we are all liable to complaints). This being the case, and due to the bill coming to you (evidencing the Mall's intention to be paid), you should consult an attorney to plan a course of action....

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I am the executor and sole beneficiary of my husband's will. He was disabled and his assets were small (about $3,000 total in a

First, I am sorry for your loss. The first question I would have is whether you owned the checking, savings and stock with your husband (joint ownership). If so, simply contact the bank and the broker for the stock and ask of their procedures. If the property is in his name alone, the small estate process could be used (small estate affidavit). Further, if you and/or your husband owned real estate. A simple filing would be required. It would be smart to consult an attorney as to...

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If you are named the sole beneficiary of someones pension fund is it yours and only yours?

I would agree with Mr. Parker, this is probably an asset that would be transferred outside of probate (safe from creditor's claims and division among the family members). However, if I were in your position, I would be sure to consult an attorney for more detailed information. Especially if the gift is significant. Please let me know if you need any more help.

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What if one of the heirs does not return the notification form(consent) back concerning informal probate accepting the named

There is no requirement that anyone actively nominate and appoint you as the representative of the estate (except for the court, of course) in your position. So long as you have sent out the required notice(s) you have fulfilled your notice obligation. It may be worth talking to a probate attorney about the estate to get a good idea of how to proceed. Best of luck! Please let me know if I can help any further.

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Can you fight a Quit Claim Deed?

You are referring to a quit claim deed (as was correctly stated). Assuming the provisions of the deed allow for immediate transfer at the death of one of the owners (Lady Bird Deed provision that transfers on death, joint tenancy provision that transfers to survivors), the will would not control. If the deed does not provide for such a transfer then the will would control. It would be wise to consult an attorney to have the deed/estate reviewed. Many attorneys offer a free consultation....

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My grandpa left me a will but I can't find it anywhere. What's going to happen with his stuff?

First, I am sorry for your loss. To your question, if a will is last with the signor and it cannot be found after the signor passed, the will is usually presumed revoked by physical act (burning, tearing, etc.). This presumption can be overcome, but the bar is high. NOTE: Cook County does not accept wills as a depository and a copy is typically not sufficient to be probated (unless the presumption is overcome). If the original is not found, the property of the deceased's estate may have to...

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My mom died and left her house to 6 children. can my sister, the executor, sell the house without our input?

I agree with Mr. Wolf, and would add that if the house were not owned jointly, nor in a trust, it would have to go through the probate process in the Probate Court. In general terms, the probate process involves the Probate Court distributing the property of a decedent (if the decedent owned the property solely in their name at death). You had mentioned executor in your question. An executor is a position in the probate process that is charged with making sure the terms of the will are...

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I want to ask probate for my spouse's award due to death of husband. in illinois they give to spouse about $20,000. how difficu

I would agree the the other attorney's responses and would note about the spousal and child awards: (1) it can be claimed within 9 months; (2) it is a preferred claim against the estate (has priority over most other claims); and (3) the amounts you stated are only the minimum amounts (special circumstances can increase those amounts). When dealing with this amount of money, it would be wise to contact an attorney to discuss your options in detail. Please let me know if I can help any further.

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How do i get out of paying taxes for property next to mine that i dont own?

Adverse possession, if you meet the elements, applies after 15 years and can be verified by a quiet title action. Therefore, rather than putting in the time and energy to have the property deemed separate, ensure the property belongs to you. From there you have the opportunity to sell it, encumber it with a lien, etc. It would certainly be wise to talk to an attorney regarding your next course of action. Best of luck! Please let me know if you need any further help.

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