What steps are needed to seek guardianship or conservatorship for an incapacitated relative in Illinois?
Disclaimer: This article provides general information and is not legal advice. Detailed Answer Under Illinois law, you may seek a guardianship (for personal and healthcare decisions) or a conservatorship (for financial decisions) for an adult relative who lacks capacity. These proceedings fall under the Illinois Probate Act (755 ILCS 5/11 and 755 ILCS 5/15). 1. […]
Read article →Which Documents and Certificates Should Be Collected to Begin Estate Administration in Illinois?
Detailed Answer When a loved one passes away, gathering the right documents simplifies estate administration. Under the Illinois Probate Act (755 ILCS 5), the personal representative must file certain records with the circuit court and creditors. Collecting these records early prevents delays and potential disputes. 1. Death Certificate Obtain multiple certified copies of the death […]
Read article →How to Manage Estate Expenses and Ongoing Bills During Probate in Illinois
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Illinois attorney for guidance on your specific situation. Detailed Answer When someone dies in Illinois, their estate typically goes through probate. Probate is the court process that oversees paying debts, taxes and ongoing bills before distributing assets to […]
Read article →How to Enforce Distribution of Life Insurance Proceeds in Probate When No Beneficiary Was Designated in Illinois
Enforcing Distribution of Life Insurance Proceeds in Illinois Probate Without a Designated Beneficiary Detailed Answer When a life insurance policy lacks a valid beneficiary designation in Illinois, state law deems the proceeds payable to the insured’s estate. Under 215 ILCS 5/375, if no beneficiary is named or all named beneficiaries have predeceased the insured, “the […]
Read article →How can a beneficiary compel an estate administrator to pay an inheritance share under Illinois law?
Detailed Answer When an estate administrator delays or refuses to distribute your inheritance in Illinois, you have the right to ask the court to force payment. Under the Illinois Probate Act, beneficiaries can demand a formal accounting and compel distribution. Here’s how: Check the Six-Month Waiting PeriodIllinois law generally requires administrators to wait at least […]
Read article →How Does Intestate Succession Work in Illinois When a Decedent Dies Without a Spouse and With Two Children?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Intestate Succession Basics in Illinois When a person dies without a valid will in Illinois, the Illinois Probate Act (755 ILCS 5/2-1) governs the distribution of the estate. The Act establishes a hierarchy of heirs based on their relationship […]
Read article →How does intestate succession work when no will exists and decedent died with no spouse and three children? – IL
Understanding Illinois Intestate Succession Without a Spouse Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a valid will in Illinois, the distribution of their estate follows the Illinois Probate Act of 1975. Under 755 ILCS 5/2-1, if the decedent leaves no surviving spouse, […]
Read article →How can the Illinois Slayer Statute rule affect an heir’s right to inherit from a decedent’s estate?
Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a qualified Illinois attorney. Detailed Answer Under Illinois law, the Slayer Statute prevents a person who feloniously and intentionally kills a decedent from inheriting from that person’s estate. You can find the rule at 755 ILCS […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs in Illinois?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer In Illinois, when a homeowner dies without a valid will (intestate) and multiple heirs survive, the estate must pass through probate court before the home’s title transfers. The Illinois Probate […]
Read article →What steps are involved in a Medicaid estate recovery claim against inherited property in Illinois?
Disclaimer: This article provides general information about Illinois Medicaid estate recovery. It does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When an Illinois resident dies after receiving Medicaid benefits, the Illinois Department of Healthcare and Family Services (HFS) may seek to recover costs from the decedent’s […]
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