Legal Question in Wills and Trusts in Illinois
No will at time of death
Husband had no will at time of death. Survived by wife, adult son and brother. Husband & wife have a Condo and Car in Illinois with both names on titles and both are completely paid for (no loans or mortages). Bank accounts have husband's name on checking and savings accounts, wife's name only on savings. Do both the condo and car go to the wife and not become part of husband's estate to bedistributed according to Illinois law? Does the contents of the condo go to the wife and not become part of the husband's estate to be dispursed? Does checking account monies become part of husband's estate and are the funds then divided 50% to wife and 50% to adult son after all debts are paid?
How hard is it to use a Small Estate Affidavit? Does the value of the Condo have to be listed on the Affidavit as part of husband's estate?
1 Answer from Attorneys
Re: No will at time of death
If you have real estate you cannot use a small estate affidavit. Condo could be joint tenancy anc pass by operation of law.
You have a complicated problem...you could lose everything if this is not handled correctly
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