Legal Question in Wills and Trusts in Illinois

Closing Probate

My father died, and in the Will there was a stipulation that �X amount of Dollars� would be given to my fathers� sister after the death of my mother. My mother died 3 years after my father and the estate had been depleted due to nursing home costs. My cousin tried to get an accounting of the estate to find out if there was money left. There isn�t any money left. Everything has gone through probate (it was open for a year) and my attorney wants to close the Probate. Does he legally need to contact my cousins� attorney to let him know he is closing the probate?


Asked on 4/02/09, 6:23 pm

1 Answer from Attorneys

Re: Closing Probate

All heirs must be notified prior to closing the estate.

If the estate was insolvent, the final report should indicate so and if the estate was "independent administration," then an accounting may not be mandatory.

There are a lot of "ifs" here because I do not know all of the unique facts of your situation. Your attorney will be better able to provide you with answers to your questions.

Good luck to you.

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Answered on 4/03/09, 1:04 pm


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