Legal Question in Wills and Trusts in Illinois

Re: execution of a will

My condolences on your loss. First, the will should be filed with the probate court in the county where your father resided. Second, determine whether opening a probate estate is necessary or advisable. To do this, you'll need to ascertain how your father's assets are titled. Only assets titled in his sole name (and w/o a beneficiary designation) would be subject to probate. If the total value of probate assets exceeds $50,000, then a probate estate needs to be opened to transfer those assets. If there are some probate assets, but they total less than $50,000, then they should be able to be transferred to the beneficiaries named in the will via a small estate affidavit. There are other issues, including tax, to deal with as well. Feel free to give me a call at (847) 991-2250 to disucss.