Illinois: Enforcing or Disputing an Oral Agreement About Dividing Wrongful Death Proceeds
Can an oral agreement about dividing wrongful death proceeds be enforced in Illinois? Detailed Answer — How enforcement and disputes work under Illinois law This answer explains, in plain language, how an oral agreement about dividing wrongful death proceeds is treated in Illinois and what steps a beneficiary or representative can take to enforce or […]
Read article →Illinois — Selling an Estate House Facing Foreclosure When a Co-Administrator Refuses to Sign
How to sell estate real estate in Illinois when a co-administrator refuses to sign Summary / brief answer If an estate-owned home is facing foreclosure and a co-administrator refuses to sign a sale, you generally cannot complete a clean private sale relying only on the other administrator’s signature. Illinois probate courts have authority to approve […]
Read article →How to Get Illinois Court Approval to Release Estate Funds When Beneficiaries Disagree
Detailed Answer Short overview. When beneficiaries or other interested persons disagree about how estate funds should be split, the personal representative (executor or administrator) cannot safely disburse money without either beneficiary agreement or a court order. Under Illinois law the usual path is to ask the probate court for an order authorizing a partial or […]
Read article →How to Get a Deceased Parent's Will Filed in Illinois When a Relative Withholds the Original
Detailed Answer Short answer: Under Illinois law you usually must present the original will to the probate court to open probate. If a family member — here, your step‑sister — refuses to hand over the original, you can (1) document your attempts, (2) ask the probate court to compel production (or admit a copy if […]
Read article →Illinois — How Remaining Estate Funds Are Distributed to the Decedent's Children
This FAQ-style article explains, under Illinois law, how a personal representative (executor or administrator) distributes the remaining estate funds to a decedent's children after taxes, claims, and expenses are paid. It assumes no prior legal knowledge. This is an informational guide — not legal advice. Detailed Answer When someone dies in Illinois and the estate […]
Read article →Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate in Illinois?
Do I need to post a bond to serve as an administrator of an intestate estate in Illinois? Detailed Answer Short answer: In Illinois, a person appointed as administrator of an intestate estate is generally required to give a fiduciary bond (also called an administration or probate bond) unless the court orders otherwise or interested […]
Read article →Illinois: Factors Courts Consider When Appointing an Estate Administrator
How Illinois Courts Decide Who Should Administer an Estate This article explains what Illinois courts typically consider when appointing an estate administrator. It summarizes the main legal factors, practical concerns, and steps people should expect in probate proceedings. This is educational information only and not legal advice. Detailed Answer When a person dies without an […]
Read article →Can sale proceeds cover estate cleanup and junk removal in Illinois?
Using Estate Sale Proceeds to Pay for Cleanup, Junk Removal, and Personal Property Disposal in Illinois Short answer: Yes—if the money came from estate property and you are the court‑appointed personal representative (or the person handling the estate under a valid small‑estate procedure), you can generally use sale proceeds to pay reasonable and necessary estate […]
Read article →How Illinois Probate Handles Unauthorized Charges to a Parent’s Estate
How Illinois Probate Handles Unauthorized Charges to a Parent’s Estate Quick answer: In Illinois, unauthorized charges to a parent’s accounts or estate are treated as improper transfers or conversion. The personal representative (executor/administrator) must identify and protect estate assets, evaluate and pay valid creditor claims, and can pursue recovery from the person who took the […]
Read article →Regaining Control of a Deceased Parent's Bank and Credit Card Accounts in Illinois
What to do if someone else is using a deceased parent’s bank or credit card accounts Quick summary: After a person dies, their accounts usually close or pass according to ownership rules (joint accounts, payable-on-death designations, beneficiary designations). To regain lawful control you normally must produce a certified death certificate and, if necessary, be appointed […]
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