Legal Question in Wills and Trusts in Illinois
Publication of notice to creditors
My question is this: How do I find out exactly when a notice to creditors re: an estate was actually published in the newspaper (and which newspaper)? The death occurred in Cook County, Chicago, IL in January 2002. I am assuming the notification wiuld have already run by now, correct? There was a trust, but no will, I understand, if that matters. Thank you.
2 Answers from Attorneys
Re: Publication of notice to creditors
There may not have been a publication because there was no probate. If all the assets of the deceased were in the trust then publication would not have been required. Only if there was a probate proceeding filed would there have been a publication. My guess is that if there was a publication it would have been in the Law Bulletin it may also be called the "Chicago Law Bulletin. You can also check with the Clerk of the Circuit Court - Probate Division of Cook County to determine if a proceeding had been filed. His office is on the 12th floor of the Daley Center in downtown Chicago.
Re: Publication of notice to creditors
The first question is whether there was a probate estate opened. If not, there wouldn't be a notice published. You can call the clerk of the court, probate division, and inquire if there's an estate.
Assuming an estate, your best bet is to call the attorney for the estate to find out where and when notice was published. Beyond that, the odds are overwhelming that it was published in the Chicago Daily Law Bulletin, so you can call them. If they don't have the information, but there was an estate, look in the case file which can be obtained on the 12th floor of the Daley Center, since the publisher usually submits it to the file.
Jay S. Goldenberg
312-346-7899
http://www.chicplan.com