Legal Question in Wills and Trusts in Illinois
Setting up a bank account for an estate
My mother died in early Dec. '07. She had no will. At the time of her death, we were unaware of any money owed to her estate. Since that time, we have learned that different agencies owe her money totaling less than $10000. Checks are made out to her estate and the bank won't accept them unless there is an estate account. Is there any way we can open an estate account without going to court to have an executor appointed?
2 Answers from Attorneys
Re: Setting up a bank account for an estate
Regardless of whether there is a way to do it (unlikely), you should not. You want to do everything very careful, with plenty of paperwork, and easy to follow authority (ie. executor). You do not want to have to spend more than 10K to defend yourself down the road for actions you took now.
Re: Setting up a bank account for an estate
Yes. You need a small estate affidavit.
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