Legal Question in Wills and Trusts in Illinois


My grandfather passed away and left my 2 sons money in a bank account. In order for me to access these funds as there mother the bank is stating I need a Letter of Office. The amount is under 50,000.

Asked on 5/07/19, 9:42 am

1 Answer from Attorneys

Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

My condolences for your loss. The bank may or may not be right. Letters of office are obtained by opening a probate matter in the probate court. This may be unnecessary if the total assets subject to probate for his estate are worth less than $100,000 and do not include real estate. Under such a scenario a small estate affidavit can be used. However, I caution that it is best to speak with an attorney before treading this path, as the affiant may be taking on some personal liability.

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Answered on 5/07/19, 9:44 am

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