Legal Question in Wills and Trusts in Illinois

i am sorry for your loss. am sure there is alot of uncertainty facing you right now. a will really only affects those assets for which there is not a joint owner or designated beneficiary. in other words, the assets that had both names on are not affected by the will. the challenge now, unless you have something more than a simple will is to make sure the assets you now own probably in your name only don't have to go through probate. re the cars, if your name was on them, you should be ok. if not you are free (no charge) to call my assistant sue masjak ( 219 322 8222) and ask her - she will know exactly what needs to be done re the same. good luck.

I am sorry for your loss. There are several considerations.

First, you mentioned a will. The will should be filed with the circuit court clerk for the county in which your husband resided. This should be done within 30 days regardless whether a probate estate will eventually be needed. If the 30 days is past, do not get anxious, but go ahead and get the will filed.

Next, you will need to determine if there is any reason to pursue probate. With most spouses, assets are held jointly, meaning the joint owner succeeds to the assets without the assets passing through an estate. So, for example, you should have access to any joint bank accounts you held. Similarly, if any of the vehicles were jointly titled, you should be able to transfer the vehicles through the use of various forms at the Secretary of State Motor Vehicle office. It may be easier to first transfer them into your own name, but you can inquire there.

If your husband had anything solely in his name, then you will need a means to get those assets. Provided the value of the property that would pass through his estate is less than $100,000.00 and that he does not have bills outstanding except for funeral and burial expenses, a small estate affidavit may be used. For vehicles, the Secretary of State has its own forms. For other assets, an attorney can prepare the Small Estate Affidavit at relatively low cost.

If there are any potential liabilities, recent auto accidents, bills in your husband's name, then probate should be used regardless the value of the assets that would pass through probate.

I am in your area and would be pleased to hear from you by E-mail or telephone. Otherwise, I hope the above is helpful, but it cannot take the place of legal advice obtained with full discussion of the facts.

Transferring title to vehicles into your name would be advisable if you wish to keep them. If you wish to sell them, you may wish to look at the Illinois Secretary of State's website for how to transfer title to a vehicle owned by a deceased person. This is such a routine matter, there are very specific instructions you may find helpful.