What documentation is needed to freeze or secure a decedent’s bank accounts when co-heirs refuse to cooperate in Illinois?
Securing a Decedent’s Bank Accounts in Illinois Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer When someone dies owning bank accounts, those accounts become part of the estate administered under the Illinois Probate Act. If co-heirs refuse to cooperate, one heir can ask the circuit court to secure the […]
Read article →How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in Illinois?
Detailed Answer Disclaimer: This article provides general education on Illinois intestacy law. It does not constitute legal advice. Consult a licensed Illinois attorney for guidance on your specific situation. 1. Overview of Intestate Succession in Illinois When someone dies without a valid will in Illinois, the Probate Act of 1975 governs how their assets pass […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in Illinois?
How to Secure Missing Estate Documents from Uncooperative Institutions in Illinois Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer When you administer or inherit an estate in Illinois, you may need vital documents—bank statements, safety-deposit box inventories, titles, […]
Read article →What type of deed should heirs sign to convey their interests in property in Illinois, and how is it recorded?
Detailed Answer When heirs inherit real estate in Illinois, they must use the proper legal instrument to transfer their interests. Generally, the options are: Quitclaim Deed: Conveys any interest the grantor has without promises. This is the most common deed when multiple heirs divide or convey inherited property. Special Warranty Deed: Warrants title only against […]
Read article →How can a client verify that creditor notice requirements were satisfied in the original estate to rely on the two-year rule in Illinois?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under the Illinois Probate Act (755 ILCS 5/18-3), a creditor who fails to file a claim within two years after the decedent’s death is barred from recovery. To invoke this two-year limitation, a client must confirm that the personal […]
Read article →Should a Personal Representative in Illinois Open an Estate Account to Handle Estate Funds?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a licensed attorney in Illinois for guidance on your specific situation. Under Illinois law, a personal representative (also known as an executor or administrator) typically must open a separate estate account to manage the estate’s funds. […]
Read article →What steps are needed to bring real property into the estate in Illinois to pay claims?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Under Illinois law, bringing real property into a decedent’s estate so you can use its value to pay creditor claims involves several key steps. Courts administer estates under the Illinois Probate Act (755 ILCS 5/1-1 et seq.). Here’s a […]
Read article →Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in Illinois?
Detailed Answer Disclaimer: This article is for informational purposes only and does not provide legal advice. Illinois Law on Funeral Expenses Under Illinois law, funeral, burial, and cemetery expenses are a first-priority claim against a decedent’s estate. The Illinois Probate Act allows reasonable funeral expenses up to $6,000 before paying general creditors. See 755 ILCS […]
Read article →How Can an Illinois Estate Administrator Verify That a Payment Fully Satisfied an Outstanding Vehicle Loan?
Detailed Answer 1. Obtain a Written Payoff Statement from the Lender Begin by requesting a written payoff statement from the vehicle lender. This document shows the exact amount required to fully satisfy the loan as of a specific date. Under Illinois’ Uniform Commercial Code (UCC), a secured party must provide an authenticated payoff or statement […]
Read article →How Does an Incomplete or Missing Marriage Certificate Affect a Surviving Spouse’s Allowance Claim in Illinois?
Detailed Answer Under the Illinois Probate Act, a surviving spouse may claim a family allowance out of the deceased’s estate to cover living expenses during probate. Section 18-2 of the Probate Act (755 ILCS 5/18-2) establishes this right and sets limits on the amount and duration of the allowance. To qualify, the surviving spouse must […]
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