How to determine which tasks are covered under an initial probate representation agreement in Illinois
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances. Detailed Answer 1. Review Your Written Fee Agreement Under Illinois Supreme Court Rule 1.5(f), every attorney must provide a written fee agreement that clearly defines the scope of services. This document—often called […]
Read article →May I petition an Illinois court to remove an estate administrator who refuses to fulfill their duties?
Detailed Answer: Removing an Estate Administrator in Illinois Under the Illinois Probate Act (755 ILCS 5), any interested party—such as a beneficiary, creditor, or heir—can petition the circuit court to remove an estate administrator who fails to fulfill fiduciary duties. Section 18-7 (755 ILCS 5/18-7) lists grounds for removal: misconduct, neglect, refusal to account, or […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in Illinois
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Understanding Final Accounting Deadlines in Illinois Probate In Illinois, a personal representative (executor) must file a final accounting with the circuit court after completing estate duties. Under 755 ILCS 5/28-2, the court […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in Illinois?
Disclaimer: This is for informational purposes only and does not constitute legal advice. Detailed Answer Under Illinois law, a wrongful death action for a car accident must be brought by the personal representative of the decedent’s estate. Section 2 of the Illinois Wrongful Death Act (740 ILCS 180/2) states that the cause of action vests […]
Read article →How do I apply for letters of administration and what forms are required in Illinois?
Detailed Answer Applying for letters of administration in Illinois involves a defined court process under the Estates and Trusts Act (755 ILCS 5/18-1 et seq.). Letters of administration grant an administrator authority to collect assets, pay debts, and distribute property when a person dies without a will or without an appointed executor. 1. Determine Your […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Illinois?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Illinois to discuss your specific situation. Detailed Answer In Illinois, proceeds from a wrongful death claim are treated as assets of the decedent’s estate and then distributed to the decedent’s heirs under the Illinois Probate Act […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Illinois
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When you inherit an estate in Illinois and discover a Medicaid claim, you need to gather and review all relevant documents to determine the validity and amount of the […]
Read article →How to obtain and review corporate formation documents and bylaws affecting a decedent’s business interest? – IL
Detailed Answer When a shareholder or owner of an Illinois corporation passes away, the estate’s personal representative must gather and review all corporate formation documents and bylaws to administer the deceased’s business interest properly. Below are the core steps under Illinois law. 1. Locate the Articles of Incorporation and Amendments The Illinois Secretary of State […]
Read article →How can an interested party open probate for a decedent’s estate in Illinois?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Illinois probate attorney for guidance. Detailed Answer In Illinois, an interested person—such as a named executor, surviving spouse, next of kin, or creditor—may open probate by filing a petition in the circuit court where the decedent resided at […]
Read article →What Is the Process for Petitioning to Remove a Personal Representative for Mishandling Estate Assets in Illinois?
Disclaimer This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer: Removing a Personal Representative in Illinois Under the Illinois Probate Act (755 ILCS 5), a personal representative (PR) manages a decedent’s estate. If the PR mishandles estate assets, […]
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