Legal Question in Wills and Trusts in Illinois
My mom passed away leaving no will. I am the only surviving child (adult). Everything she had property, bank accounts, etc were jointly in both of our names. Everything except her shares of stock. The value is less than $100K and in Illinois I was informed I could file a small estate affidavit. However, to sign the actual stock certificates it seems I would need a letter of office? What is the process to get this document?
2 Answers from Attorneys
I am sorry for your loss.
The answer to your question sometimes depends on whether the transfer agent for the stock will accept a small estate affidavit. By law, they should but if they are located outside of the state of Illinois they may require Letters of Office. You may want to check with them to know in what direction to go.
A probate or estate planning attorney will be able to draft an affidavit for you.
Good luck to you.
"Letters of Office" are issued by a court: you'd have to open a probate estate to get Letters of Office. You're going to have to make sure your Small Estate Affidavit is properly completed, and then negotiate its acceptance with the transfer agent for the stocks.
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