How to Compel a Surviving Spouse to Sell Estate Real Estate — Illinois
What to do when a surviving spouse refuses to sell estate real estate in Illinois Quick answer: If a decedent's will directs the sale of the home but a surviving spouse refuses, the usual path in Illinois is to open probate (if not already opened), get the personal representative (executor) appointed, and ask the probate […]
Read article →How to Recover a Cash Bequest From a Sibling's Estate in Illinois
Recovering a Cash Bequest When an Executor Won't Cooperate — Illinois Guide Short answer: first confirm that you are an appointed beneficiary, ask the executor in writing for an accounting and distribution, then use the probate court to compel an accounting, remove or replace the executor, or obtain an order for distribution if needed. If […]
Read article →Filing a Notice to Creditors in Illinois: Step-by-Step Probate Guide
Filing a Notice to Creditors in Illinois: What You Need to Know Disclaimer: This is educational information only and is not legal advice. For advice about your specific situation, contact a licensed Illinois attorney. Detailed answer — Overview and step-by-step process The Notice to Creditors is a formal step in an Illinois probate case that […]
Read article →How to Become an Executor in Illinois When the Named Executor Refuses
Detailed Answer If a parent’s will names one child as the personal representative (often called the executor) but that child refuses or is unable to serve, you can still be appointed by the probate court. Under Illinois law, the court uses the probate process to issue “letters” (letters testamentary or letters of office) to the […]
Read article →Illinois Medicaid Estate Recovery: Can Medicaid Claim a Loved One’s Home or Force a Deed Transfer?
Medicaid estate recovery in Illinois: what family members should know This FAQ-style guide explains how Illinois Medicaid handles claims against a recipient’s home, whether a family member can be forced to sign over a deed, and what steps you can take to protect your loved one’s property. This is general information only and not legal […]
Read article →Illinois: Why an inherited house may avoid probate and what to do about the mortgage
What to know when an inherited house avoids probate and the mortgage remains Quick overview: Real property can pass to a new owner at a decedent’s death without going through probate when state law or the deed/title instrument creates an immediate transfer (for example, joint tenancy or a beneficiary/transfer-on-death designation). Even when title passes outside […]
Read article →Illinois: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before an Administrator Is Appointed
Short answer Yes — in Illinois you can take steps to stop or challenge a family member’s withdrawals from a decedent’s bank account before a formal administrator is appointed, but your options depend on who legally owns the account (sole owner, joint owner, or payable-on-death), the size and nature of the withdrawals, and how quickly […]
Read article →Illinois — Forcing Return of Sentimental Items During Probate
Can a family member force the return of sentimental items during probate under Illinois law? Short answer: Possibly. If sentimental items belonged to the estate at the decedent’s death, the personal representative (executor or administrator) has authority to collect and distribute estate property under the Illinois Probate Act. Family members should first ask the personal […]
Read article →Do Illinois Administrators Have to Post a Bond When There's No Will? — Illinois Probate Bond FAQ
Detailed Answer Do you have to post a bond to serve as administrator of an intestate (no-will) estate in Illinois? Short answer: Usually yes — the probate court will expect the person appointed as administrator to give a fiduciary bond unless the court is satisfied the bond can be waived. Under Illinois probate law, the […]
Read article →How to Apply to Serve as Administrator of an Intestate Estate in Illinois
Detailed Answer Short answer: In Illinois, when someone dies without a valid will (intestate), a close relative may ask the county circuit court to be appointed as the estate administrator by filing a petition for letters of administration. The court reviews who has priority to serve, requires certain documents and notices, may require a bond, […]
Read article →