Legal Question in Wills and Trusts in Illinois

If the Will is unquestionably valid, then the choice of Court will certainly be determined by this statute:

755 ILCS 5/5‑1. When the will of a testator is probated... the probate or the administration shall be in the court of the county determined as follows:

(a) In the county where he has a known place of residence;

(b) If he has no known place of residence in this State, in the county in which the greater part of his real estate is located at the time of his death; or

(c) If he has no known place of residence and no real estate in this State, in the county where the greater part of his personal estate is located at the time of his death.

Cook County probably has the appropriate Court. Rex's known place of residence can be determined by his driver's license, tax returns, etc. These items probably reference his home with his wife in Cook County. However, Lena's attorney should immediately appear in the Lake County Court on an emergency basis to have the Court suspend Bina's authority (if appropriate). Lena's attorney may also need to take additional immediate steps to protect Rex's assets from being accessed by Bina (or vice versa, as the situation requires). Feel free to call me for some help with this.

There can't be two probate estates open, so the probate proceedings will occur in the county of the person's residence.

The fact that he had real estate in Lake County does not mean that he resided there. Evidence of his residence would be the fact that his spouse lived in Cook County, and that was where his tax residence was located, his driver's license was registered, etc.

Generally, the filing of a probate estate where real estate is located is only allowed when there is NO RESIDENCE within the state. From what you say in your message, this is not the case.

Cook County will most likely eventually prevail.

Good luck to you, and let me know if you require assistance in this matter.

This sounds like a law school exam question.

The statute says the estate is administered in the county where the decedent had a known place of residence. From your facts, it sounds like his known place of residence (and his marital home) was in Cook County. Nonetheless, even if the estate remains in Cook County, the Will then needs to be transferred from Lake to Cook and presented for probate. The interested parties can then sort through whether the Will is valid and whether it's going to contested. If the Will names an executor, then that person needs to be notified and given the opportunity to accept its position as executor.

What I want to know is how someone managed to get an estate opened in Cook County 10 days after death. That's impressive.

Thank you for one of the more intriguing questions posted to this list.

I agree with all of the other responses. But the issue beneath the surface of whether the probate opened by Lena or the one opened by Bina controls is, who will be entitled to his estate?

Even if the will left everything to Bina then Lena still has substantial rights to her deceased husband's estate but there are time limits on asserting her rights. Also, if Bina was appointed "independent" administrator just as Lena was then both estates are being administered without court supervision. This could get out of hand if assets are being moved, or being used inefficiently to pay expenses, etc. The sooner Lena acts, the better.

For a free chat go to www.legacylaws.com and call the number on my home page.

Take care.