Legal Question in Wills and Trusts in Illinois

My mother died in March and , in a Will, left all her assets to my sister including ongoing oil royalties from about 6 wells. My sister is telling me that she doesn't want to file in Probate yet because of the cost. She said if I gave her a Temp Assignment to my part of the money then she agree to give me 1/2 all the oil profits my mother left her solely. What I'm gathering from what my sister is saying is that until the Will is filed in Probate and a Judge grants her all assets as described in the Will, that in the mean time oil income goes to us jointly and evenly. Is this correct? Does Illinois law supercede the Will regarding oil and mineral rights passed down to children?


Asked on 5/20/16, 6:45 pm

3 Answers from Attorneys

I am sorry for your loss. Going through a property dispute on top of it is not easy.

We have helped administer estates with oil royalties and generally (unless the deed says otherwise) if the title was in your mother's name then it would pass through her probate estate. You don't mention a trust so I assume there is none and probate would be in order.

I would recommend you have the Will and deeds reviewed by an attorney. Let me know If you need assistance in this matter.

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Answered on 5/20/16, 7:25 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

It is painfully obvious that, with so much money at stake, you should consult with an attorney instead of trying to figure this out on your own by using the internet. Proceed without legal counsel at your own risk.

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Answered on 5/21/16, 10:12 am
Virginia Prihoda Law Offices of Virginia Prihoda

One thing your sister should do, which doesn't cost anything except her time, is to file the original will with the clerk of the probate court in the county in which your mother resided on the date of her death. Depositing the will with the clerk of court is legally required even if there will not be a court cased opened in the probate courts. Willfully secreting a will is a criminal offense. Upon filing, the will becomes a public document, available to anyone who requests a copy. You should make sure you get a copy of the will before formulating any conclusions.

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Answered on 5/23/16, 7:56 am


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