Diane Marie Ainsworth's Answers

Does my Will have to be notarized and how many witnesses do I need

Yes, I must agree with the prior responder to this question: even though you need a minimum of only two witnesses to a will, it is their signatures that usually need to be notarized. You normally want them to complete an affidavit after the person who is making the will signs stating basically that that they saw the maker sign in their presence, believe the maker to not be under any duress and doing it as his own free and voluntary act. Once this affidavit is signed and notarized and attached...

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IL state probate laws, does a Will have to be filed within 30 days

a Will must be filed, according to the probate act, 30 days after death. Although there is no time limit on a small estate affidavit, it is advisable to have an attorney prepare one for you. First, most banks don't accept one that has not been drafted by an attorney - in fact, Most want you to visit their offices/branches with an attorney so they have some assurance that 1. a professional has taken a gander - look/see at your proposed distribution; 2. they have someone to follow up in the...

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In Illinois. a husband dies intestate does the wife and parents of the husband divide the money left in the estate? wife get all

No, the wife does not have to share with her husband's parents. She is entitled to the entire estate (assuming husband had no children).

In Illinois. a husband dies intestate does the wife and parents of the husband divide the money left in the estate? wife get all

So sorry for your loss. There may be a unique twist here that may or may not apply to you.... Her attorney will have to have an estate opened to determine the entitlement of the heirs and to see the settlement through to conclusion. I do not doubt that they will do this as he wants to insure the payment of their fees. You are certainly one of her heirs but that does not necessarily mean you would be entitled to a share or a particular share. A lot depends on whether the proceeding was...

My mom died before her settlement payout. no will was drawn up. am i entitled to the payout?

So sorry for your loss. There may be a unique twist here that may or may not apply to you.... Her attorney will have to have an estate opened to determine the entitlement of the heirs and to see the settlement through to conclusion. I do not doubt that they will do this as he wants to insure the payment of their fees. You are certainly one of her heirs but that does not necessarily mean you would be entitled to a share or a particular share. A lot depends on whether the proceeding was...

What happens when the administrator of an estate makes financial mistakes.

Why is there no enough money left to pay the full distributions? Have you overspent on some items, has the cost of administration exceeded your expectations, have you taken any loans or borrowed money from the estate? No estate in cook county closes without an inventory and a final accounting. If an accountant cannot help you find the missing money or your attorney (I assume you had one?), then the surety bond company (which I hope you have) may pay the outstanding claim for distribution but...

I just got married and the home i am living in is just in my husbands name. what happens if something would happen.

I assume that your new husband has not written a will and that you made no prenuptial agreement which covered this issue. I also assume that what you mean by the phrase" if something should happen". is what should or would happen if my husband were to die. As it stands, you would not receive the home if he either left a will deeding the home to someone else or if he died intestate. If he died intestate, then you would get your statutory share of ownership of the home, assuming he had...

My daughter's biological father left when I was pregnant and now wants to be a part of her life, do I have to let him?

[Disclaimer: nothing in this answer is to be construed as the giving of legal advice specific to your situation or facts nor is an attorney-client relationship between yourself and I created by virtue of this response to your inquiry.] Under Illinois law, the biological father still has parental rights regarding his child since he never relinquished his parental rights to her and your husband never legally adopted her. The fact that your husband's name appears on her birth certificate is no...

Child support payments

[Disclaimer: Nothing in this response is to be construed as legal advice applicable to your situation or facts and nothing herein is to be construed as creating an attorney-client relationship. Seek legal advice by contacting a lawyer of your choice in Cook County. This response is for general informational purposes only and is only the first step in your attempt to resolve your problem]. You may wish to contact the State's attorney's office of Child Support Enforcement. Although they may...

IL probate laws, duties of the executor

In Illinois, it is the executor who pays the bills. Generally if the estate if the executor is an independent administrator, you would not see the bills. (The whole point of having an executor is to allow one person instead of all the heirs to review and pay bills - this is a time saving and expense saving device). If you however have serious doubts about the executor's ability to manage these tasks, then you can and should ask for an accounting, with proof of the actual bills. This you are...