Legal Question in Wills and Trusts in Illinois

death before disbursement of funds

My mother dies before the pay outs were given from her cousins estate. My mother has a will naming myself and my brother. They say I need to open a probate estate for pay out of her inheirintance. Is this correct? I do not see why this would be needed if she has a will. Please advise.

Thank you


Asked on 12/04/06, 6:58 am

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: death before disbursement of funds

All wills must be filed and probated to prevent fraud.

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Answered on 12/04/06, 11:34 am
Cyndi Perez Trostin

Re: death before disbursement of funds

Based on your posting, the distribution that was to go to your mother will now be paid to her estate. Depending on the amount of the inheritance (or depending on other issues that may require a probate court to administer) it will need to be distributed with the oversight of the probate court.

You will want to review the issues with a probate attorney so he/she can advise you on your options.

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Answered on 12/04/06, 1:13 pm


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