Can an executor distribute money other than mentionned in the will? Do the heirs have a right to consult the banking accounts?
Wilfred's answer
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Answered on August 06, 2009
I am a probate practitioner in Illinois. So, the law in your state may be different. Regarding the question about the Executor writing checks,...
Archived
Does an adult sibling have any legal rights to visit or speak with their adult sibling in Illinois?
Wilfred's answer
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Answered on August 02, 2009
I am unaware of any statute or caselaw that would give your mother the legal right to speak to her sister. This must be very heart breaking for...
How do I handle creditors in a very small, very insolvent estate in Illinois?
Wilfred's answer
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Answered on July 20, 2009
First, if there is a Will, file it with the clerk of the circuit court where the decedent last resided. You have until 30 days after the date of...
Archived
How do I find out if I am receiving a trust?
Wilfred's answer
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Answered on July 03, 2009
Don't sign the Power of Attorney without consulting an attorney first. It is possible that your aunt wants to do something with your beneficial...
Archived
Is it legal to rent a house that is in probate
Wilfred's answer
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Answered on June 30, 2009
If your sister is the court appointed independent executor or administrator, then she probably has the power to rent the home. Of course, legatees...
Can family members buy probate home in insolvent estate
Wilfred's answer
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Answered on June 30, 2009
I recommend that you seek the advice of an attorney who specializes in probate in Wisconsin. I am not a member of the Wisconsin bar, so you need...
Archived
If my uncle died and has been married for 3 1/2 years wat does his wife get there is no liveing will
Wilfred's answer
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Answered on June 30, 2009
In most states, if the Decedent did not leave a Will and did not have children, the Surviving Spouse receives the entire estate.
Archived
If the will was written in Florida but the person dies in Illinois, do I file the will in the county the person last resided in?
Wilfred's answer
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Answered on June 29, 2009
You must file the Will with the clerk of the circuit court in the county where the person last resided. You must file the Will even if you believe...
Archived
Can a mentally ill person grant power of attorney?
Wilfred's answer
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Answered on June 29, 2009
The answer to your question depends on when and what type of power of attorney was signed by your friend. If your friend made the power of...
Archived
My mother resideded in McHenry County Illinois, my sister, executor named in will, filed in Cook County Illinois. Legal?
Wilfred's answer
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Answered on June 13, 2009
Regarding where your mother's estate should be probated, the Illinois Probate Act reads as follows:
(755 ILCS 5/5‑1) (from Ch. 110 1/2,...
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