Legal Question in Wills and Trusts in Illinois

Although the estate falls below the small estate threshold, there may be very legitimate reasons the attorney is recommending probate. The expected fees should be explained to you. Generally, the fees would depend on the time involved, which may depend on how easily the estate can be administered (cooperation among legatees, number of creditors, filing of taxes, ...). In addition, you should be sure you understand why the attorney is recommending probate. It sounds like he or she has told you it is necessary, but that the basis for the recommendation was not discussed. If you are speaking with his attorney, understand that you may consult others if you feel more comfortable. If the cost of administration is not worth it, you may wish to reconsider whether to pursue the matter.

Did your father own any real estate? Ask "the lawyer" why he or she is recommending probate.