Archived
How to file a will and what to do if you are named as the executor of the estate but the court has guardianship over deceased.
Jeffrey's answer
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Answered on May 23, 2016
You file the will with the clerk of the circuit court in the county where the decedent lived. That will not make you executor though. You will...
Archived
To also exclude my brother's children, do I have to specifically say so in the will?
Jeffrey's answer
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Answered on April 30, 2016
You are certainly free to do this. You should work with an attorney to make sure both the language and the execution of the will is done...
Archived
What document(s) would I use to cover all this (Will, Power of Attorney, etc.)?
Jeffrey's answer
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Answered on April 24, 2016
As to your first issue, you should consider a power of attorney for health care as well as a living will.
You should also consider a durable...
Archived
Is the Doctrine of Elections effective in preventing a will contest in Illinois?
Jeffrey's answer
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Answered on April 08, 2016
First question is whether these grandchildren are heirs -- are these grandchildren the children of a deceased child of the decedent? If not, then...
Archived
Who has the right to the house? How do I in the house? Is this wasteful spending?
Jeffrey's answer
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Answered on April 07, 2016
No probate = no executor.
Since he's not executor, how is he accessing dad's money? Something doesn't add up. Contact a probate attorney ASAP...
Archived
Is there any legal recourse for filing false information to court?
Jeffrey's answer
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Answered on April 06, 2016
If the executor is the executor designated in the will that was admitted to probate, then he/she wasn't even required to give you notice prior to...
Archived
What does this mean? Is she legally the executor now or on the court date?
Jeffrey's answer
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Answered on March 26, 2016
When there is a will, the named executor is actually not required to send notice to heirs prior to the initial hearing on a new case petition. The...
Archived
Can I qualify as an heir to my natural fathers estate if adopted by a (stepparent ) under Illinois probate sec. 2-4 sub d (1) ?
Jeffrey's answer
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Answered on March 22, 2016
From the facts as you've stated them, it seems that you're on right track as far as the adoption issue.
Since you were born outside of wedlock...
Archived
Can anything be done with executor?
Jeffrey's answer
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Answered on March 16, 2016
No, he is not executor until and unless the probate court appoints him as executor. It is not clear from your question exactly what he is doing or...
Can the executor be responsible for court and attorney fees?
Jeffrey's answer
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Answered on February 25, 2016
If the executor is in fact stealing from the estate, then it might be possible to ask the court to surcharge the executor. In any case, if this is...
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