Can a consent order be used to skip the court hearing and distribute the sale money by agreement? (IL)
Detailed answer — how consent orders can (and cannot) replace a hearing in Illinois Short answer: often yes — but not always. In Illinois, parties to a pending case can ask the judge to enter a consent order that distributes sale proceeds without a formal hearing if the court has jurisdiction and all legal requirements […]
Read article →What Happens if a Will Is Lost or Destroyed in Illinois?
Detailed Answer — How Illinois Handles a Lost or Destroyed Will This section explains what typically happens when a will cannot be found after the maker (the testator) has died under Illinois law. It describes presumptions, how a court treats copies, and the process to try to admit or reconstruct a will in probate court. […]
Read article →How can a personal representative confirm that a probate proceeding has concluded and a trust has been properly funded? (IL)
Detailed Answer This answer explains practical steps a personal representative (executor) in Illinois can take to confirm that (1) a probate case is officially closed and (2) a decedent’s trust has been properly funded. This is a general guide to help you understand what documents to request, what court filings to check, and how to […]
Read article →Which financial powers can be granted through a power of attorney during incarceration — IL
FAQ: Financial powers that can be granted by power of attorney during incarceration (Illinois) Short answer: In Illinois a principal (the person giving authority) can use a durable or limited power of attorney to authorize an agent to handle most routine and many major financial matters while the principal is incarcerated — for example managing […]
Read article →What formal requirements ensure a power of attorney executed in prison is legally valid? (IL)
How to make a legally valid power of attorney from inside an Illinois prison Short answer: Under Illinois law a person in custody can create a legally valid power of attorney (POA) so long as the principal has the required mental capacity, signs the document in the required manner (notarization or proper witnessing), and the […]
Read article →Can I Resume Medical Care After a Gap in Treatment and Still Seek Compensation for My Injuries? (IL)
Resuming Medical Care After a Gap in Treatment — What Illinois Law Means for Your Injury Claim Short answer: Yes — you can usually resume medical care after a break and still seek compensation in Illinois, but gaps in treatment raise legal issues the court and an opposing lawyer will scrutinize. The key questions are […]
Read article →How does the diminished value process work if I do not own my car? (IL)
Can I claim diminished value if I don’t own the car in Illinois? Quick answer: Yes — but who can make the claim and how it is handled depends on who holds title or a lien (the legal owner or lender), the insurance relationships, and any lease or loan contract terms. If you don’t own […]
Read article →Can I Become the Personal Representative of My Sister’s Estate in Illinois (IL)?
Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about serving as a personal representative in Illinois, consult a licensed Illinois attorney or the probate court in the county where the decedent lived. Detailed Answer Short answer: Yes — you may be able to become the […]
Read article →Do wrongful death proceeds pass according to the Decedent's Last Will and Testament? (Illinois, IL)
Understanding Who Receives Wrongful Death Proceeds in Illinois Short answer: In Illinois, wrongful death damages are distributed under the Illinois Wrongful Death Act to the decedent's statutory beneficiaries (surviving spouse, children, and next of kin), not directly under the decedent's will. However, a separate survival action belongs to the decedent's estate and can pass according […]
Read article →How can I probate a will that was not witnessed or notarized in Illinois?
Detailed Answer Under Illinois law, a valid will must meet specific execution requirements. Notarization is optional; it only makes a will “self-proving,” which speeds up probate. However, the Illinois Probate Act mandates two credible witnesses for a will to be valid. A document signed by the decedent without any attesting witnesses generally cannot be admitted […]
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