Anthony Rosario Perrelli's Answers

Will for only child of widow

In order to insure that the property passes as smoothly as possible, it may be best to set up a Revocable Living Trust. Your mother could still control all of her assets and retain ownership, while making the transition smoothly to your generation. Also, it is wise to have a power of attorney for property and health care created so that you can make financial and medical decisions for your mother. A living will is something that I believe is necessary also. All of these things depend on her...

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How can an executor of a trust be appointed once the majority has voted the original out? majority rules? or unanomous vote?

The decision on how a Trustee is replaced is usually made in the trust document. I would need to see the document in order to answer your question. If a person is not acting properly as Trustee it may be necessary to get the court involved in removing the Trustee for cause. An example is if the Trustee breached their fiduciary duty. I would need more facts in order to answer your question and would need to see trust document.

If I make a new will is my old one void

In Illinois a new will may revoke a previous will to the extent that it is inconsistent with the prior will or if the new will declares revocation of the prior will. If you looking for a basic Illinois last will you can save time and money by visiting Smarter Will (http://www.smarterwill.com) to get an attorney reviewed Illinois Last Will for $100 (single adult).

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

If she had a will when she died the settlement would go to the beneficiaries named in the will. If she died without a will in Illinois. then a probate proceeding would need to be opened to be able to accept the settlement. Someone will need to be appointed as the administrator of her Estate. You will probably need the assistance of a Probate attorney to help get this asset transferred to the heirs.

Does a will/trust have to be filed in illinois probate court and how long after the person dies should they be required to file

You are entitled to receive copies of the trust documents if you are named as a beneficiary. Also, you have the right to an accounting of the assets. It is unreasonable for that information to be withheld for four years. It is possible that it will require court action to obtain the information that you are looking to receive from the executor. Anthony R. Perrelli Hedeker & Perrelli, Ltd. www.cutyourtax.com 847-913-5415

My aunt was listed as a coowner on a checking account of my deceased uncle. She was his sister, but their are 3 other living

I agree with the attorney above regarding Joint Tenant accounts. It typically passes to the surviving joint tenant upon your Uncle's death. However, I would need more facts to determine if that account may have been set up for convenience purposes and not intended to transfer the account to your Uncle's sister. If I were you, would seek out an attorney to help you with this Probate matter. This post is not intended to provide legal advice. All situations may differ and require the help...