Illinois: How to Claim Surplus Funds After a Foreclosure When a Parent Died Without Probate
How to claim surplus funds after a foreclosure of a deceased parent’s property when their estate was never probated Disclaimer: This is general information, not legal advice. Consult a licensed Illinois attorney about your specific situation. Quick answer If a foreclosure sale produced surplus funds (money left over after the mortgage, fees, and prior liens […]
Read article →Recovering Foreclosure Surplus Funds in Illinois — When Probate Is Required
Detailed Answer Short answer: It depends on who holds title and the legal status of the owner. If the foreclosed owner is alive and you are the rightful payee, you generally can claim surplus proceeds without opening a probate estate. If the owner died before you claim the surplus, you often must show legal authority […]
Read article →How to Transfer an Inherited Membership Interest in a Single‑Member LLC — Illinois
Detailed Answer — What to do after you inherit a membership interest in a single‑member Illinois LLC When you inherit a membership interest in a single‑member LLC in Illinois, you need to know three things right away: (1) whether you received an economic interest only or full membership rights, (2) what the LLC’s operating agreement […]
Read article →Proof of Sole-Member Status for an Illinois LLC — What Secretary of State Papers Will a Bank Accept?
What Secretary of State paperwork will a bank accept to prove someone was the sole member of an Illinois LLC? Short answer: A bank will typically want a certified copy of the LLC’s formation record (Articles of Organization) or a Certificate of Status from the Illinois Secretary of State, together with the LLC’s signed operating […]
Read article →Requesting an Accounting in Probate — Illinois Guide
Quick answer Yes. Under Illinois law, an interested person (for example, an heir or a beneficiary) can ask the probate court to require the personal representative (executor or administrator) to provide an accounting of estate assets, transactions, receipts, and disbursements. The court can order interim or final accountings, review the records, and grant remedies if […]
Read article →How to Qualify as Administrator of a Sibling’s Intestate Estate in Illinois
Can I become the administrator of my sibling’s estate in Illinois when they died without a will? Detailed answer When someone dies without a will (intestate) in Illinois, the court must appoint a personal representative (commonly called an administrator) to gather the decedent’s assets, pay debts and taxes, and distribute what remains according to Illinois […]
Read article →Illinois: Recovering Funeral Expenses and Pre-Settlement Costs
Detailed Answer Short answer: Yes — under Illinois law you can often recover reasonable funeral expenses and other out-of-pocket payments you made before the estate is formally settled. Those costs are treated as claims against the decedent’s estate. How much you recover, and how quickly, depends on whether the estate has a personal representative (executor), […]
Read article →Illinois — When Divorce Was Not Final at Death: Can an Estranged Spouse Make Claims on the Estate?
Detailed Answer This article explains how Illinois law typically treats an unresolved divorce when a spouse dies. It describes who counts as the surviving spouse for probate purposes, what kinds of rights that spouse may have, and practical steps an executor or an interested person should take. This is educational only and not legal advice. […]
Read article →What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? (IL)
How to re-record or update a joint survivorship deed after co-owners died — Illinois Short answer: In Illinois, start by confirming whether the deed created a right of survivorship (joint tenancy or tenancy by the entirety). If a survivorship interest exists, the property typically passes automatically to the surviving owner(s). To update public records, obtain […]
Read article →How do I force my sibling to give me a copy of our parents’ estate plan in Illinois after he ignored my formal request?
Detailed Answer — How to get a copy of your parents’ estate plan in Illinois Short answer: whether you can “force” your sibling to turn over your parents’ estate planning documents depends on whether the documents belong to the parents (and whether they are alive and competent), whether you are a named beneficiary or have […]
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