Jeffrey R. Gottlieb’s Answers

Jeffrey R. Gottlieb

Palatine Probate Attorney.

Contributor Level 12
  1. Do I own any portion of this home? Aunts and Uncles are trying to take it all.

    Answered 12 months ago.

    1. Jeffrey R. Gottlieb
    2. Judith Anne Schening
    3. Judy A. Goldstein
    4. Casey Nichole Ferri
    5. Charles Adam Shultz
    5 lawyer answers

    If your grandmother died with property in her sole name and had no Will, then her estate would pass to her surviving heirs. In this case, that would be her children and the descendants of a deceased child (i.e. your father). So yes, since your father predeceased his mother, you are a surviving heir of your grandmother, and if she had no Will, you are entitled to a portion of her probate estate. Understand that her probate estate included only property in her sole name and would not include...

    12 lawyers agreed with this answer

  2. My close relative JOHN was mentally ill he has always sought the help of psychiatrists would his will be valid?

    Answered 10 months ago.

    1. Jeffrey R. Gottlieb
    2. David L. Carrier
    3. Woody Robert Clermont
    3 lawyer answers

    You have to be an heir (or beneficiary in a Will) to contest a Will. Heirs are determined by state law. Close relative is not enough information. We need to know marriage, children, grandchildren. If none, then parents, siblings and descendants of a deceased sibling.

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  3. How do I open an estate?

    Answered 10 months ago.

    1. Jeffrey R. Gottlieb
    2. James Bunkey Swain
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The trust can't go against the will. The trust controls property titled in the trust and the will controls property titled in the decedent's sole name. If the total of the assets passing under the Will is less than $100k (not just your share, but the total) then you may be able to use a small estate affidavit. If it's more then someone will need to file for probate. Typically that is the executor named in the will. As for the trust, if you know who the trustee is, then inquire directly...

    11 lawyers agreed with this answer

  4. Is a living trust that was created in one state still valid if I am now residing in another state?

    Answered 11 months ago.

    1. Jeffrey R. Gottlieb
    2. Joseph Franklin Pippen Jr.
    3. Judith Anne Schening
    4. Michael Leo Potter
    4 lawyer answers

    Yes, it's still valid in a technical sense, but a move to a new state is a good trigger to have your estate plan reviewed. There may be adjustments that will be advisable. Also consider new Illinois-specific powers of attorney.

    11 lawyers agreed with this answer

  5. What if a person dies without a will?

    Answered about 1 year ago.

    1. Peggy Margaret Raddatz
    2. Jeffrey R. Gottlieb
    3. James P. Frederick
    4. Maximillienne Elliott
    5. Celia R Reed
    6. ···
    7 lawyer answers

    My condolences on your loss. Property in your relative's sole name will pass, to the decedent's heirs, through probate. Heirs are spouse and/or children and descendants of a deceased child. If there is no spouse or descendants, then property passes among parents, siblings and descendants of deceased siblings. One or more of the heirs should contact a local probate attorney about starting the probate process. Nothing will be able to be done until a probate estate is opened.

    10 lawyers agreed with this answer

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  6. My daughter's father died in February. He owned a Disney timeshare. My daughter is the only heir and has contacted lawyers who

    Answered about 1 year ago.

    1. Jeffrey R. Gottlieb
    2. James P. Frederick
    3. Judy A. Goldstein
    4. Peggy Margaret Raddatz
    5. Celia R Reed
    6. ···
    6 lawyer answers

    Unless Disney opened a park in Illinois (if so, please don't tell my family), then this is a Florida (or California) probate law question. Timeshares can be a real hassle to transfer. The attorneys are quoting for the time they will need to spend. Also, before your daughter jumps in, she needs to also determine whether he has any other possible assets that need attention as well. Doing everything right the first time can save headaches down the road.

    10 lawyers agreed with this answer

  7. What happens if we cant find an heir during probate in Illinois?

    Answered about 1 year ago.

    1. Jeffrey R. Gottlieb
    2. Joseph Michael Pankowski Jr
    2 lawyer answers

    If you're the administrator for the estate, then you should have a probate attorney. This is something you should be discussing directly with your attorney. If your sister cannot be located through good faith efforts, her notice can be made by publication. If she still can't be ultimately located, then you can petition to have her share of the estate deposited as unclaimed with the county treasurer. As suggested by Attorney Pankowski, a search firm might be helpful as well.

    10 lawyers agreed with this answer

  8. When a Trust is listed as the sole beneficiary of a life insurance payout, what are the tax implications if the money sits?

    Answered 7 months ago.

    1. Jeffrey R. Gottlieb
    2. Christian K. Lassen II
    3. James D. Wade
    3 lawyer answers

    What taxes are you worried about? Life insurance payout is not taxable income. Only interest after death is income. Talk to a tax accountant or tax attorney for specific advise based on the terms of the trust and future distributions.

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  9. Can a revocable living trust be listed as a legatee on a small estate affidavit in Illinois?

    Answered 11 months ago.

    1. Jeffrey R. Gottlieb
    2. Paul A. Smolinski
    3. Ray Choudhry
    4. Jonathan Stuart Frank
    5. James Bunkey Swain
    5 lawyer answers

    Certainly yes, and this is not unusual at all. The legatee would be the trust in care of the acting trustee of the trust. Provide with the identity and address of the trustee, and if needed, the Tax ID number for the trust. The funds should be made payable to the trustee of the trust and the trustee adds to the trust and disposes of under the terms of the trust.

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  10. What is it called if someone has taken advantage of an elderly person by taking money for a service and not completing the work

    Answered 10 months ago.

    1. Thomas O. Moens
    2. Joseph Franklin Pippen Jr.
    3. Jeffrey R. Gottlieb
    4. Christopher Daniel Leroi
    5. William Ray Pelger
    6. ···
    6 lawyer answers

    Breach of contract, possibly fraud.

    9 lawyers agreed with this answer