Legal Question in Wills and Trusts in Illinois
After death of my wifes mother. the estate consists of a house . bank account, and maybe some other holdings--all worth less than a 100000. will this have to be submitted to probate if the other siblings have hired a lawyer to handle the estate?? there are only 4 siblings. there has been no communication with these siblings 3 months before funersl and none after. how can we find out if they are trying leave my wofe out of any of the estate. her moter always said she didnt want a will and the kids could fight over waht was left. younger sister handled the financial and medical matters for last two years-- dont know if she had power of attorney or if she god her mother to sign any thing since she became ill. i believe it would have been unduly influence. we cant afford a lawyer so this how im tring to get answers.
2 Answers from Attorneys
The fact that there is real estate in the estate means that the informal probate procedures of the Small Estate Affidavit cannot be utilized. There will have to be a court proceeding (Probate) or in the alternative,if all family member agreed, it is possible to sell the real estate by procuring an insurance bond through a title company in lieu of probate. The financial cost may be about the same in either case. It is likely someone will have to seek out an attorney. Attorneys fees come out of the estate. Your wife may wish to seek appointment as administrator of the estate. She should talk to a lawyer.
I agree that you should talk to a lawyer. Many local or county Bar Associations have either referrals to local attorneys, or free legal help desks.
You can also call the Recorder of Deeds office for the county where the real estate is located. They will tell you how the house is titled (whether it was still in your mother-in-law's name, or whether the title was transferred before her death).
Good luck to you.
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