Legal Question in Wills and Trusts in Illinois

Where to open Probate

4 1/2 years have gone by since my father's death and there are alot of issues with ever getting this estate settled. As I consider possible recourse, my first question (there are many afterwards) goes back to where should have probate for this estate have been opened? He lived his life in IL, auto/boats registered, registered voter, filed IL taxes (not MO). Yet, he was left a life estate in my grandmother's farm in MO and was there when he died. Not to go too in depth in this forum about my half sister and many misdeeds before his death and since, she filed as executrix in the state of MO. I believe that we would have best been served in IL. Your advice? Thanks!


Asked on 9/11/04, 4:55 pm

1 Answer from Attorneys

Re: Where to open Probate

Probate is in the state of residency. It is subjective as to where your father considered his residence. There is a lot of connection to Illinois. Need to look at how long he lived in Missouri, did he intend to make that his residence, did he consider himself a Missouri resident, did he take any steps to accomplish this? I assume the death certificate reflected his residence as Missouri. You can ask the Probate Court to review whether they have jurisdiction and introduce why feel they don't.

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Answered on 9/11/04, 7:59 pm


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