Archived
Can I file Affidavit of Heirship in Chicago, Illnois from Florida, without an attorney. How do I go about submitting affidavit?
Jeffrey's answer
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Answered on October 01, 2014
Aside from the initial petition, typically all of the remaining documents will be presented to the probate judge in court on the hearing date. ...
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Archived
A family member passed away he left inheritance to two other family members one passed away prior does inheritance go to other p
Jeffrey's answer
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Answered on September 28, 2014
This is a will/trust construction question. The only way to construe is to first read the entire document. Bring it to an attorney to review.
Archived
Do adult children have right to access will of divorced and remarried, deceased parent?
Jeffrey's answer
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Answered on September 25, 2014
Anyone in possession of the original will has a duty to file the will with the court (statute says within 30 days). Once filed, it's public record...
Archived
Can we easily contest a will that was filed for probate 23 years after the death of the testator?
Jeffrey's answer
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Answered on September 20, 2014
First, contesting a will is never "easy" -- the burden of proof is on the contestant.
Second, a contest goes toward the validity of the will as...
Archived
My Brother passed, predeceasing our mother, the testator. Now my surviving brother and myself are wondering, will we split his?
Jeffrey's answer
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Answered on September 16, 2014
It's impossible to answer for sure without a full attorney review of the entire Will, but take a look at:...
Archived
What do we need to do to inherit house from uncle?
Jeffrey's answer
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Answered on September 16, 2014
You don't need to do anything.
Your uncle, however, should consider contacting and working with an estate planning attorney to discuss how best...
Archived
Marital mess, divorces, dissolution and reversals vs. Trusts and Wills.
Jeffrey's answer
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Answered on September 13, 2014
I agree with my colleagues. There are far too many key facts here to fully analyze in an online forum.
For one, you first talk about your...
Archived
What is the exact definition of "Challenging" or "Contesting" a will or trust? Does it have to be a formal Legal procedure?
Jeffrey's answer
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Answered on September 11, 2014
I think this question really can't be answered without some context. A "will contest" has a specific meaning under the probate code and it means...
Archived
A couple not married but living together for over 20 years, if one passes away does the other one have any rights?
Jeffrey's answer
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Answered on September 10, 2014
As noted in prior answers, Illinois does not recognize common law marriage. In the eyes of probate law, unmarried couples are essentially...
Archived
Can I contest a will I was deliberately left out of because my aunts kept me from my grandmother?
Jeffrey's answer
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Answered on September 05, 2014
As an heir, yes, you *can* file a will contest. Whether you have a viable case - and the chances for success - is a complex question that is very...
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