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My mom passed away on april 20 2013 with an house in chicago but no will or excurtor to the estate.

Kissimmee, FL |

How do I sell the house and can all siblings agree to make one excutor to the estate?

Thanks

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Attorney answers 2

Posted

You did not tell us where your Mom resided at the time of her death. As she has a house in Chicago, I presume she resided in Illinois. If that is true, you need an Illinois probate attorney.

I assume your Mother was not married at the time of her death. If there is no surviving spouse, all the children can agree as to nominating one as executor and that would be preferable to co-executors. Once the executor is appointed by the Illinois probate Judge, he or she can proceed to sell the property, administer the estate, pay your mom's debts, and divide the remaining proceeds among the beneficiaries.

Good Luck to you.....

Asker

Posted

It was in illinoise and what form will I need to get my brothers to sign and notarized. Thanks so much

Christopher Quinn Wintter

Christopher Quinn Wintter

Posted

Your Illinois probate attorney will prepare all the necessary documents. I don't have any Illinois consent forms.

Asker

Posted

So the bottom line is there is no way getting around the probate attorney. If that is the case what does a probate attorney cost roughly. THANKS

Christopher Quinn Wintter

Christopher Quinn Wintter

Posted

In Florida, you can not get around the probate attorney. I don't know about Illinois. My guess is that you will certainly need an attorney. Reasonable fees vary by jurisdiction and some are tied to the value of the probate estate. A reasonable fee in Florida would be approximately 3% of the value of all probabte assets (without deducting liabilities) with a minimum fee of $5,000.00

Posted

It is necessary to know where your Mom was domiciled at thte time of her death. I am assuming that she was residing in Florida and had a home in Illinois. If that is the case, you would open a probate in Florida. Since there was no Will, the intestacy laws will be used to determine who receives what from her estate. As a child of the estate, one of the siblings can petition to be appointed Personal Representative. You will have to open what is called an ancillary estate in the state of Illinois. But someone must be appointed as Personal Representative first. Again, this is all if your Mom was domiciled in Florida at her death. Good Luck.

Sincerely,
B. Elaine Jones, Esq.

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