Legal Question in Wills and Trusts in Illinois

will fileing

Does a will have to be filed or probated if everything is left to person with right of survivorship and no one is contesting; and if it isn't and the survivor dies (she's 91 and in hospital) will there be any legal problems?


Asked on 1/29/05, 8:08 am

1 Answer from Attorneys

Re: will fileing

The law requires that the will be filed within 30 days of the death of the individual, whether or not there will be probate.

If everything was left in joint tenancy with rights of survivorship, then upon the death of the first person, the remaining person(s) would maintain the ownership of the account and it would not be required to go through a probate estate. Depending on the size of the estate and the relationship of the joint tenants, however, there may be reporting requirements, or even estate taxes due, so check with an attorney who can review the specific information you have and will then give you an informed answer.

The survivor should then have a will to be sure that, upon her death, the property is distributed to the persons that she intends.

This answer is based on the limited information you have provided in your question. It should not be relied upon as legal advice.

Read more
Answered on 1/29/05, 11:45 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois