Legal Question in Wills and Trusts in Illinois

Small Estate - Two States Involved

My sister died in Illinois last month. She was 79 and in a nursing home there for several years. She lived in St. Louis MO for over 50 years before she was placed in the nursing home. She has app. $8000 in a bank account in St. Louis. The family (the five remaining siblings - of which I am one) wants me to obtain the money and distribute equally among us. Our parents are dead and she has no surviving children or grandchildren. Her funeral has been paid for and we also want to get a headstone. There are no debts or claims against the $8000.

If I do a small estates affidavit in Illinois, can it be enforced in MO? Would I file the affidavit with the circuit court of the county she lived in in Illinois following 755 ILCS 5/25 1? Any guidance/information would be helpful.


Asked on 11/13/07, 9:41 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Small Estate - Two States Involved

You don't have to file the affidavit anywhere. If she had a Will, then that needs to be filed and the terms followed. If she had no Will, then from the facts you gave you and your sisters are theirs (and descendants of any deceased sibling?). It does not matter where the bank is located. If she last resided in Illinois, then an Illinois small estate affidavit can be used. They should honor it but banks sometimes need to be educated.

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Answered on 11/13/07, 9:49 pm


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