Legal Question in Wills and Trusts in Illinois

My dad's assets are $15,000 and his will was revised January 2014 to be split among 3 parties. That same lawyer says his estate now needs to go through probate. The reason it's going to probate is due to heirs not listed in the will, debts to be addressed & an individual is erroneously listed as his daughter. The lawyer indicated that the court costs are approximately $750 with his fees estimated to be $3,000. Does this seem excessive?

In addition, I'm now being asked to sign an "Official Bond in Probate" for $10,000 to the state of Illinois. What is this for & Why do I need this?

I'm concerned & extremely uncomfortable with this process...is it possible there is some deception going on? Once I sell his mobile home & car, pay his bills, the lawyer takes his cut, this estate will be lucky not be in the negative.


Asked on 3/13/14, 7:43 am

3 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

That sounds about right. Sometimes probate is needed even for small estates due to outstanding debts and using a small estate affidavit is probably not appropriate where heirs are disinherited. Those fees and costs don't sound excessive on its face.

Executor always has to sign an Oath and Bond, but if the Will waives surety, you shouldn't need to purchase a surety bond. Not clear if that's what you're indicating.

If you're uncomfortable, then contact another attorney and directly seek out another opinion.

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Answered on 3/13/14, 7:47 am
Virginia Prihoda Law Offices of Virginia Prihoda

Seek another attorney opinion. From what you've revealed, it appears that you are consulting with the same attorney that helped the decedent create the will, and there appears to be a need for probate created by unresolved issues that should have been addressed in the original will. The prices you're being quoted are within the range of normal, but the real question is why is there a need for a probate?

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Answered on 3/13/14, 8:06 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

I agree that the prices quoted seem realistic. However, the question that I always ask my prospective client is, "Is this trip really necessary?" In most cases, no person has the obligation to handle a loved one's affairs after that person passes. If it seems that the beneficiaries will receive very little after a probate occurs, I generally ask that prospective client if s/he really wants to proceed. The prospective client almost always regrets the decision to move forward in these types of situations. By being appointed as the representative of an Estate, the prospective client will then be required to attend to various matters, but have little incentive to do so and will very likely become frustrated by the fact that they have to do so much to achieve so little. However, if the prospective client really wants to move forward, I almost never allow that prospective client to hire me as his/her attorney, as I recognize how likely it is that s/he will ultimately regret filing papers to open an Estate.

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Answered on 3/14/14, 9:17 am


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