Legal Question in Wills and Trusts in Illinois
probate without a will
my brother died recently in michigan & left no will. he had 2 bank accounts with me as beneficiary on both (the bank has turned over the funds to me). he had 1/2 ownership of our parents house and my daughter has the other 1/2. I am going to file a probate request along with a request to be assigned representative. my question is since he had part ownership to my parents home does that mean that his portion becomes a part of his estate? will they make my daughter sell the home and give half the proceeds to his estate to be split amongst me and my sister? Also, with the bank accounts that i am the beneficiary on, will they consider that part of the estate and make me split that with my sister. My sister is being very ''money hungry'' and is not making things easy to take care of. my brothers home is on the same lot as my parents home but his house was in his name and my parents house was in his name and my daughters name. my parents left the house in a will to the two of them. I would appreciate and help i can get right now. also, do you suggest that my sister get an attorney of her own?
3 Answers from Attorneys
Re: probate without a will
your questions are very legitimate and are more than a simple online answer could suffice. Please visit me at www.kliszlaw.com to discuss. Tim Klisz
Re: probate without a will
With respect to your first question -- whether your brother's share of your parents' home will become part of his estate -- it depends on the form of ownership that your brother and your daughter shared. For example, if your brother and your daughter were joint tenants with right of survivorship, then upon your brother's passing, your daughter owns the home outright. If the home was owned as tenants in common, the outcome would be different. You need to figure out how the home was titled, and you should speak to a real estate and estate planning attorney to clear this up for you. Additionally, if you were named a beneficiary on your brother's bank account, then typically that money passes to you outside of his probate estate.
Re: probate without a will
A lot depends on title. What FORM of joint ownership was the home in? Any capable estate administration attorney can cut to the chase with the right questions. End your doubt by scheduling an appointment with one of them.
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