Legal Question in Wills and Trusts in Indiana
Estate Relocates
My father died intestate ten years ago. He lived with a woman by which he had an illegitimate minor child. This woman named herself executrix of my father's estate and hired an attorney. My full sister consented to her being executrix of the estate but I did not. My father resided in Indiana at the time of his death. My father's estate appears to consists now primarily of the house his mother owned in joint-tenancy with me. I thought the probate courts would determine that I own the home but the estate has not been settled yet. My father and I have the same name and we are not Jr. and Sr. because our middle names are different. Now the attorneys for the executrix are attempting to move the estate including the house that I informed them that I own, out of the Illinois probate courts and over to the Indiana courts. I feel unable to litigate this in Indiana due to costs and no knowledge of where to go? Can I stop them from moving this estate which has been in Illinois Probate for years to Indiana?
2 Answers from Attorneys
Re: Estate Relocates
Generally, the estate should be probated in the place where the decedent lived before his death. Also, probate estates may have to be administered in each place where there is real estate owned by the decedent, other than in joint tenancy. You should hire an attorney to oppose the transer. Call me if you need help. Larry Stein (630) 221-1755
Re: Estate Relocates
If this is a matter of title to Illinois real estate, it should be subject to Illinois courts.
Beyond that, the facts get cloudy.
You can't handle this by yourself. You must retain an attorney.
If you wish, you can e-mail me, or call me at 312-346-7899.
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