Legal Question in Wills and Trusts in Illinois

I am putting my mothers estate in probate.My mother was taken advantage of financially.I need information on how to unfreeze assets that were frozen before probate.My opposition was given warning of my intent to pursue probate.Also,is it true I can not put my mothers husbands estate in probate?


Asked on 11/06/10, 2:33 pm

1 Answer from Attorneys

Hire a probate attorney. Get appointed as executor (if there's a will) or administrator (if not) of your mother's estate. Then in that capacity you can file adversarial claims against those who may have taken advantage of your mother's estate. As to your mom's husband, it depends whether you are legally entitled to act as executor or administrator of his estate and that may entail determining if you are an heir, and if he did not adopt you but has living blood relatives you would not be an heir and not entitled. Unless he left a will naming you as executor or you are a beneficiary and nobody is otherwise handling the estate.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/11/10, 7:51 pm


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