My initial advice is to obtain an attorney to represent you in the proceeding to terminate your guardianship of your grandchild. A parent can request at any time that the Court terminate a guardianship. However, the parent will have to show that they are now capable of taking care of the child. In Cook County probate court, a Guardian Ad Litem would be appointed who would represent the best interest of the child and investigate the pending petition. A home study and background check would...
You stated in your comment that the court granted your daughter "permanent guardianship" of your minor child. Guardianship is not permanent and you can petition to terminate or modify the guardianship. Usually to terminate or modify guardianship, you must be able to show that you are capable of caring for the minor.
In order to determine, how to transfer the property into your name you should consult a probate attorney.
For your general informaton, since your mother died without a will, she died intestate which means her assets will pass according to the laws of intestacy which are defined in Illinois statute, 755 ILCS 5/2-1. If your mother died with a husband and descendants, her estate when be transfered 50% to her husband and the other 50% divided equally among living descendants. If no husband...
In Illinois, Illinois statute 755 ILCS 5/6-1 Duty to file will - altering, destroying or secreting, states immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the property county. Illinois statute 5/6-3 extends the law and provides an executor must within 30 days after acquiring knowledge he is named as executor of the will of a deceased person, he shall institute a proceeding to have the will admitted...
I would advise you to contact the probate court and determine if the estate is still open. If you properly filed a claim and the claim was allowed, you should receive notice before any distribution. You should immediately determine the status of your claim and consider hiring a probate attorney to assist. It is not necessary to renew a claim if claim was filed or notice given to the attorney or estate representative by the deadline.
I suggest you review the settlement agreement you signed to settle out of Court and consult an attorney if you have any questions. Typically, depending on the size of the settlement the minor's award may have to be administered through the guardianship case and may require you to obtain a bond and be appointed as guardian of the estate.
If you are aware of what Circuit Court handled the guardianship, you can contact the circuit court clerk and ask for the division which handles guardianships, usually the probate diviision, and provide your friend's name. The Court will be able to advise you if the case file is available and how to obtain a copy of the Court order.
The mother would need to file a Petition to Terminate Guardianship and at a Court hearing be able to show that she is now capable of taking care of her child. The Court will generally ask for proof of income, residence, and will perform a background check. It may be helpful to hire an attorney in your area to assist with terminating the guardianship.
I would consult with an attorney in your area familiar with Guardianship. I am an attorney in Illinois. In Illinois, notice when have to be given to all interested parties and therefore your mother would have to receive notice of the guardianship proceeding.