Paul A. Smolinski's Answers

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

It is nice to see when a helpful relative or neighbor is rewarded for doing the right thing! By naming you it is clear that your neighbor wanted your to know that your assistance was appreciated and, thus, it would be an insult to them to refuse their thoughtfulness. If the family members give you a hard time then you should talk with an attorney and let him/her deal with the issue. Why bother with the stress!

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Will filing the will get me access to a safe deposit box?

You still need a small estate affidavit. While it appears that it is a "simple form" you are making statements regarding certain things under penalties of perjury. So read carefully. Best wishes.

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My grandmother died 10/24/11, had a will and an estate worth over $1M. Her will has not been filed in Cook Co. What can I do?

If your grandmother utilized a Trust or named individuals as beneficiaries on her assets then it is likely that a Last Will would be of little importance. All of her assets would transfer according to the terms of the documents without any probate or any public records. However, if you wished, you could look to the county clerk's office in the county that your grandmother resided. Her Last Will might be filed there and, if so, you could obtain a copy. Good Luck!

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If you have a trust amendment and the attorney who made up the trust also acts as the notary, Is this a conflict of interest or

I guess that three strikes ...... As the previous two attorneys state there is no legal or ethical reason that the attorney can not act as a notary unless he is either named in the document as a trustee or beneficiary. Have a nice day!

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Can a beneficiary also be the executor of the will?

Your brother can be the Executor; however, he should not be a witness to the document. Best wishes!

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Why would my brother ask for a copy of the RESPA from the closing of the house & the itemization from the estate sale company?

The request for those documents for review is not unreasonable. They serve the purpose of verifying the content of your final accounting. Assuming everything has been above board then you should have no worries. Best Wishes!

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I've been asked to send an IL small estate affadavit form and probate code. How do I find the probate code?

The other attorneys addressed the small estate affidavit issue and I think I have interpreted "the probate code.". Maybe what they were asking you for was a tax identification number. You should be careful about filing out the small estate affidavit if your brother has creditors or if there are any heir ship issues. Good Luck!

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Father dies with no will or spouse 3 living children who are of legal age what needs to be done

Wow - that was nice of Mr. Wolf to give you a small estate affidavit. As he indicated, if you have no real estate involved then the small estate affidavit should work out. However, be advised that if there are creditors and whoever signs that document fails to pay the creditors, then they can end up personally liable to those creditors. If you have questions, consult with a local probate attorney. Good Luck!

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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

I would have to agree 100% with Mr. Quick. For a small amount you likely would not need to open an estate as a Small Estate Affidavit will work for assets totaling less than $100,000. You might be able to do this document yourself but I think your life would be easier using an attorney to draft that document as well as answer (specifically) any other questions that you may have. You can find attorneys who concentrate in these matters on this avvo website or at naela.org. Best wishes...

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Sister has let her daughter live in the trust house for free for 3 years

Since you have an attorney at this time other attorneys are not ethically allowed to give you advice. With that said it does seem best to ask your attorney for the pros and cons of continuing to proceed with the lawsuit so that you can weigh the cost and benefits. An upside of your filing the suit was that it did prompt your sister into action - didn't it.

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