Probate in Illinois | IL Legal Resources | FastCounsel

Selling a Co-Owned Property in Illinois to Cover Funeral and Property Tax Expenses

FAQ Answer: Selling a co-owned property in Illinois to raise money for funeral and property taxes Short answer If co-owners agree, sell the property together or one owner can sign a deed transferring their share. If a co-owner refuses or a deceased owner’s share is trapped in probate, you may need a court partition action […]

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Tracking Sale Proceeds from a Deceased Parent’s House — Illinois Guide

Detailed Answer This guide explains how to find out exactly where the net sale proceeds from your deceased father’s house will go under Illinois law. It assumes you start with no legal knowledge. It covers how ownership type, probate, liens, and closing documents control who receives money from a sale. Step 1 — Identify how […]

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Can a Prenuptial Agreement Affect a Life Estate or My Inheritance in Illinois?

Can a Prenuptial Agreement Affect a Life Estate or Your Inheritance in Illinois? Short answer: Yes — a valid prenuptial agreement can change what a surviving spouse may receive and can therefore affect life estate arrangements or the share you expect to inherit. If a personal representative (executor) refuses to provide estate documents or information, […]

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Verify an Executor’s Calculation of Your Share from a Sibling’s Home Sale — Illinois

Verify an Executor’s Calculation of Your Share from a Sibling’s Home Sale (Illinois) Disclaimer: This article explains general Illinois probate concepts and practical steps. It is not legal advice. For advice about your specific situation, consult a licensed Illinois probate attorney. Detailed Answer When a sibling’s home is sold during probate, you may receive a […]

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Selling a Deceased Parent’s House in Illinois When There's a Mortgage

Detailed Answer — Can the property be sold while probate is pending? Short answer: usually yes, but only if the person handling the estate (the personal representative) has legal authority to sell the real estate and the mortgage lien is addressed at closing or by agreement with the lender. In Illinois, a home owned solely […]

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Illinois: Do you have to publish a 3‑month notice to creditors under the small‑estate process before selling a decedent’s house?

Do you need to publish a 3‑month notice to creditors under Illinois small‑estate rules before selling a decedent’s house? Detailed answer — how the small‑estate process, creditor notice, and sale of real estate work in Illinois Short answer: generally no — the Illinois “small estate” procedures that let heirs collect personal property without full probate […]

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How to Prove Vehicle Value for Probate in Illinois

Proving the Value of Vehicles for an Illinois Probate Inventory Short answer: In Illinois, the personal representative (executor) must list each vehicle owned by the decedent on the estate inventory and support the stated fair market value with contemporaneous, reasonable evidence — for example, printed values from recognized pricing guides, comparable listings, dealer or independent […]

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Proving Vehicle Value During Probate in Illinois

Detailed Answer — Proving the Value of Motor Vehicles in an Illinois Probate When you settle an estate in Illinois, the personal representative (executor or administrator) must list estate assets and show reasonable evidence of each asset’s value. For vehicles, the court and interested parties want credible proof that the value shown on the inventory […]

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How to Get Appointed as a Limited Personal Representative in Illinois to Run Creditors’ Notice and Sell Real Property

Detailed Answer This article explains, in plain terms, the usual steps to become a court-appointed limited personal representative in Illinois when your goal is to (1) run a notice to creditors and (2) sell decedent real property. This is educational only and not legal advice. For exact deadlines, forms and dollar thresholds check the Illinois […]

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Illinois: What Happens to an LLC Member’s Share if the Operating Agreement Is Silent About Death?

How Illinois law treats an LLC member’s interest when the operating agreement is silent Short answer: If an LLC operating agreement doesn’t say what happens to a member’s share on death, Illinois law treats the deceased member’s interest as a transferable economic interest that passes to the decedent’s estate or heirs, but the transferee typically […]

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