Property left after death of a parent. My mother just passed away last week ago and she had a notarized one page will typed up and it left me her home. I have a sister that lived in that home before my mother did and she claimed that she put mon...
Illinois law requires that the will have at least TWO subscribing WITNESSES. If the only signature on the will besides your mother's is that of the notary, then the will is not valid.See question
My grandmother and her siblings are receiving a settlement for malpractice for their blind brother. However, my grandmother and her siblings have all passed away. Now, my mother's siblings will stand to inherit the settlement. They are telling me ...
It's impossible to tell for sure from that limited information. It really depends on how the settlement was structured, the order of deaths, etc.
I suggest you contact an estate attorney directly with all of the information to analyze.See question
A relative who was the surviving co-trustee of a family trust that holds property passed away, without a surviving trustee named. Another relative (who is a beneficiary) is now in possession of the property, and appears to be acting as owner and d...
Most trusts have specific terms detailing the process for filling a trustee vacancy. Those terms should be reviewed carefully.
You didn't describe the property, so it's hard to understand how this person obtained possession without becoming trustee. If the property is accounts, the financial institution will typically require documentation showing how the trustee was appointed.
From your description, the beneficiaries should strongly considering retaining counsel to assist them in ensuring that trust administration is carried out properly.See question
My mom was a caregiver for a elderly woman years ago. The woman didn't have any family or friends. My mother was the ladies support system for at least 99% of the time and she made her the trustee of her estate because she was her live in care giv...
How are these stocks and bonds currently held/titled?
a) still sitting in the woman's name; or
b) held by the state treasurer as unclaimed property; or
c) distributed out to someone else following the woman's death?
If (a) or (b), she may very well still be able to probate the will and collect the assets to distribute per the terms of the will. If (c), it probably would be tough to recover from other individuals after so much time.
Be aware that she is going to need to be able to file and present the ORIGINAL will, unless it has already been filed with the court.
If she thinks she may be able to recover, she should contact a probate attorney in the county where the woman last lived. I corrected the practice area to probate.See question
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