My father is deceased and he did not have a will. His estate will have to go thru probate court. My half sister has no proof she is related to us her mom just brought her over told him she was his child and if he could just help them out she wou...
There are specific rules in place relating to proof of paternity for a possible child born outside of wedlock. The facts vary from case-to-case. DNA test is one way of determining and proving paternity. In any case, I strongly suggest that you speak with a probate attorney ASAP to begin and guide you through the process.See question
new assets were discovered that need to be distributed to persons allocated per will
A probate estate can be reopened to administer newly discovered assets by filing a petition in the county where the estate was administered. 755 ILCS 5/24-9 sets out the process.See question
Q: My grandmother passed in 2012 and I received a letter saying I am an heir by law to her estate but not a beneficiary. My father died 2 months before her and it says her assets would be divided equally among her surviving children. So does that...
This is a matter of interpretation of your grandmother's will. The "surviving children" language you cite suggests that your father's children do not take his share, but without seeing the entire actual Will in context, it's difficult to be sure. You might want to take the information to a probate attorney to review everything to see if you have any interest to assert.See question
Hello, my grandmother is a surviving spouse and her husband left her nothing in his will except life estate. My question is, does she have any legal right to any of his things as his surviving spouse, particularly the life estate property?
I agree with attorney Buck. She should speak with a probate attorney ASAP, and among other things, ask about:
1. Spouse's award
2. Renunciation; and
My mom passed away and left me her house I'm being told by executor and his lawyer the house doesn't transfer to me until after probate is closed. I thought it's supposed to be transferred during the probate process. When does the house transfer t...
Property title is typically transferred toward the end of the probate process. Since probate property is subject to creditor claims and since creditors have at least 6 months to file claims, distributions are typically not issued until at least 6 months after the estate is opened.See question
I found my Mother's Will 45 days after her passing.
You can and should still file the Will with the court as soon as possible. Please note that filing the will does not mean that the will is valid or that you or anyone else has any authority to act under it. If that is needed, then you need an attorney to file a petition asking for the will to be admitted to probate.See question
I was contacted by a family friend to claim my grandparents property. My grandparents died with naming one another the beneficiaries for these unclaimed properties with no changes. My father has passed away with my grandparents following in 2...
Your question is a bit unclear as to the order of deaths and as to who exactly owned the properties that you reference.
Property generally passes through the estate of the last owner of record that dies. That person's Will would control the disposition of that estate. The Will does not need to specifically reference the properties. Even if the estate has already been settled, it can be reopened if needed to administer a newly discovered asset.
You may have an interest, but it depends on a number of details that are too involved to completely sort through on a Q&A forum. I suggest that you contact a probate attorney directly with the facts to determine your best course of action.See question
My grandmother needs a will because she has several family members that she does not want to have any of her estate.
Agree with all of the prior answers. Even if she doesn't have the physical ability to sign, she could still have the requisite mental (testamentary) capacity to make a will. The statute does allow for someone else to sign for her in her presence and at her direction. But the odds of a contest in this type of situation can be high, so it's very important for your grandmother to seek out and work with an estate planning attorney.See question
I have only one son who is close to 25. He lives in San Diego, CA. If I want him to be the trustee and beneficiary upon my death, does he have to sign anything? I already have a will that was done by a lawyer and is notarized.
Your son doesn't have to sign anything now agreeing to be trustee (or executor) or beneficiary after your death. At that time, he can accept or decline his role. It is often a good idea though to let him know what you have in place.
As for the will, nobody here can really render an opinion about it without seeing the document.
Side note: wills require at least 2 witness signatures (not just a notary).
In my fathers Will it states that a said property is willed to me. In the Trust it states that it is to be divided by all beneficiaries. Will was written in 2016 and Trust was written in 2001. So does this mean the Will is void since the said pr...
IF in fact the property is held by the trust (titled in the name of the trust) then the terms of the trust control the disposition of that property.
If the will is the last will and it is properly executed, then it would not be void. However, a will generally only applies to assets that are held in a decedent's sole name (not to assets owned by a separate trust).
For more specific direction, guidance and analysis, you should contact a probate attorney directly to evaluate the situation.See question