Legal Question in Wills and Trusts in Illinois

Re: What happens if you can't find a will

Lots to do in a relatively simple question. First, if your Aunt had no will, her only child interits all of her property under Illinos law, assuming the father died first or was divorced. To transfer title to property which has no other names on it, your cousin will have to see a lawyer to either open a probate estate (Property over $100,000) or prepare a small estate affidavit (under $100,000). The debts have to be paid first in either of these circumstances.

If it turns out that your Aunt was insolvent, i.e., her debts exceed her assets, your cousin is NOT responsible for her debts, and the extent to which your cousin may receive property of your Aunt becomes more problematic.

YOur cousin should see a lawyer versed in probate law.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.