Legal Question in Wills and Trusts in Illinois

I assume there is also no Will. The notes are more than 20 years old and likely were never recorded. Your facts are somewhat confusing as I can't tell whether John borrowed money which his children claim he has repaid or if money was borrowed by the Estate from John for which his children are now claiming repayment. In the first instance, I don't understand why the children would be suing the Estate and in the second, I don't know why they would need proof that John paid anything back to the Estate. Basically, my feeling is that the court will decline to enforce the promissory notes given their age and the apparent lack of a demand for repayment during the life of the decedent indicating, even without witnesses, that the decendent had little or no interest in collecting on the debt. Best outcome would be for each heir to forgive all debts owed to the estate and split whatever is left over equally.

If you have not already consulted an attorney, now would be a good time to have a qualified legal professional evaluate your facts and circumstances. Or else, wait for one of the parties to initiate a suit or attempt to enforce a claim. Doesn't sound like anybody has a clear right to anything, but there's probably more factual information not yet revealed.