Legal Question in Wills and Trusts in Illinois

Is there a way to access the bank account of someone dead without hiring a lawyer? My boyfriend's mom passed away in May and her bank account held less than $100. We paid for the funeral expenses, and it seems such a waste to pay for a lawyer in order to get that small amount from the bank. Is there a way we can do this ourselves?


Asked on 8/16/10, 12:09 pm

1 Answer from Attorneys

Tom Olofsson Law Office of Thomas J. Olofsson

One thing to keep in mind is that paying a lawyer is never a waste. That is like saying it is a waste to pay a barber. Sure, you can cut your own hair but it may not look the way you would like when you are done.

There is a form you can fill out called a "small estate affidavit". If the entire estate really is just a small bank account then it may be appropriate.

You can find one here: http://www.mytrustlawyer.com/category/free-estate-planning-forms

Be sure to read the caution at the top of the page.

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Answered on 8/21/10, 1:01 pm


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