Legal Question in Wills and Trusts in Illinois

no will found

When my father died, we could not find a will and no one has notified us of a will. Do we need to check in any specific place to see if there is a will? All bank accounts, investments, and property were listed in my father's and mother's names jointly. Where do we go or what do we need to do, if anything?


Asked on 3/27/06, 8:49 pm

1 Answer from Attorneys

Re: no will found

You don't say whether your mother is still living. If she is, and the accounts were in both of your parents' names, then she would be the sole owner of the accounts.

If your mother predeceased your father, then if there is no will found, the accounts would be distributed "intestate," (without a will) in accordance with the laws of the State of Illinois.

You should seek the advice of an attorney to assist you in establishing the value of the estate, how to transfer the assets, and whether a probate estate will need to be opened to determine how the assets are distributed and to pay creditors, etc.

Good luck to you.

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Answered on 3/27/06, 8:54 pm


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