Legal Question in Wills and Trusts in Illinois

Bank account

My parents and I had a checking account for almost 25 yrs. My mother died several years ago, and my father a few months ago. From time to time I made deposits into this account, and had total access to it. (I am the executor of the estate) Now, my siblings had a lawyer file a Notice of Citation(not sure if I got the name right). They say that should be estate money.The estate lawyer said I will have to give a deposition about this account. Then, I'm not really sure what the procedure is. Does the judge review the deposition and rule? My parents saved bank statements going back to 1983, which I have(but no cancelled checks). My name was always on the bank statements. What are my chances of keeping this account?


Asked on 6/23/04, 9:22 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Bank account

The Notice that you are talking about is most like a Citation to Discover Assets. This allows the court to investigate whether an asset truly belonged to the estate or not. If it is discovered to have belonged to the estate, then it must be returned.

If it is only the bank account that you mention that is at issue, the question will most likely be whether you were simply on the account as a convenience to your parents, or whether you shared in the account as a joint tenant. The fact that you made deposits into this account from time to time would weigh in your favor that it was not a convenience account.

A deposition is a questioning under oath, usually in front of a court reporter who will take down the questions and answers verbatim.

Talk to the lawyer for the estate and see what he/she thinks about the evidence you have to present.

Good luck to you.

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Answered on 6/24/04, 12:38 am


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