Legal Question in Wills and Trusts in Illinois

You need to rewrite your question so that it makes sense. Are you talking about one or two different checks. If the check is made out to the Estate of Mom, then the money doesn't belong to you. It belongs to all of the heirs. It also must be used to pay any left over expenses of Mom.

I am sorry for your loss. From the wording of your question, it sounds like you have received a check belonging to your late mother's estate. Assuming your mother lived in Illinois, this must be handled one of two ways. First, if certain conditions are met (estate less than $100,000.00 and no outstanding debt except funeral and burial expenses), then you may be able to use a Small Estate Affidavit. That can often be handled with an attorney by phone, fax and E-mail. If the circumstances do not fit for using a Small Estate Affidavit, then you will need to open an estate in the Probate Court for the county in which your mother resided. That would be more involved and a determination needs to be made whether it is worthwhile to do so. In either event, the funds of the estate, if any are left after payment of expenses and claims, would be need to be distributed properly, either according to a will or to the heirs established by Illinois law. If there was a will, the person in possession of it should immediately file it with the circuit court clerk for the county in which your mother lived.