Legal Question in Wills and Trusts in Illinois

both parents died in 2017. Before dad died, he added me as "Joint with Survivorship." It was mailed to Tampa, Fl There were also 2 other cards sent in before. He signed and dated 11/6/17. He died 12/2/17. When I went to write out check for final expenses, it was charged back at 'frozen." I called in Jan 2018 and they stated there were no cards with my name on it. Bank said they would mail out a estate package, but never did. I called In Feb 2018. This time they said they had the signature cards from 11/6/17, but it was received 12/27/17 and didn't count Then as I pressed them (I worked in a bank), they said the card was not filled out right, because I didn't put SSI numbers. I told them they should have his on file and I would give mine, but not send through mail. I say the card is valid, My dad signed, They also lied in Jan saying they didn't have one on file, when in Feb. they said they receive it in Dec 17. He had a will, and I think they are pushing probate. There is around 3000.00 balance. They also had a credit card, but I have not received stmts. I think they are playing games to obtain checking balance. I don't have money for a lawyer, probate. what can I do. I am added as a joint with survivorship.


Asked on 2/25/18, 4:58 pm

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

I am sorry for your loss. While there is certainly more that an attorney would want to cover in reviewing the circumstances, one questions is whether this is a situation in which a Small Estate Affidavit can be used, avoiding the need to argue the validity of the account changes. It is not clear whether your parents resided in Illinois or Florida, but for Illinois the small estate cut off is $100,000.00. In any event, it sounds like there is at least one creditor involved, but funeral, burial and costs of administration would take priority. If the contracts with the bank provide for a right of set-off, that would have to be studied more carefully, but that could be considered should they object to release of the funds with the Small Estate Affidavit.

Note: If your parents' residence was Florida, you might try to post your question again using their zip code. Otherwise, any Illinois attorney can assist at limited cost and you should be reimbursed from the estate funds.

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Answered on 2/26/18, 6:45 am


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