Legal Question in Wills and Trusts in Illinois

my mom passed away without a will and her and my father are seperated not legally but he wants nothing to do with us or my moms estate or accounts so what do we do first if he wont take care of it cause by law he is next in line to settle her affairs. they are still married


Asked on 3/04/10, 11:45 am

2 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Does your mom have accounts in her sole name? Does your mom have a Will? If he will cooperate, he can formally decline to serve as representative of her estate and allow or appoint you to serve. If not, you can petition the court, with notice to him, to be appointed.

Please feel free to call me to discuss the issues. There is no charge for an initial phone consultation to determine what steps are needed.

Regards,

Jeff

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Answered on 3/09/10, 11:55 am
Gregory Turza Law Offices of Gregory P Turza

Anyone can open the estate, including you. If she died without leaving any instructions then the children will be entitled to part of the estate. Feel free to call me for a free consultation. My number is at my website: www.legacylaws.com.

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Answered on 3/09/10, 1:26 pm


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