Legal Question in Wills and Trusts in Illinois

When filing a small estate affidavit how do you determine the value of personal and/or real property held in joint tenancy with the beneficiary of the estate. Do you only include property held soley by the decedent?


Asked on 12/16/09, 8:43 pm

1 Answer from Attorneys
Gregory Turza Law Offices of Gregory P Turza

Correct. Joint tenancy assets pass automatically by survivorship. Only assets that would otherwise be subject to probate go on the small estates affidavit. This generally means assets inthe decedent's own name and with no beneficiary designation, TOD or POD.

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Answered on 12/22/09, 4:54 am


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