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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30330
Experience:  Texas lawyer for 29 years in Estate law
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my father recently passed , but lived in a different city .

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my father recently passed , but lived in a different city . he left no will but left a step daughter with the power of attorney .he owned a home which was paid off. can I petition the court in that city to grant me the home or at least a stake in the home and his person property. such as personal bank account. saving bonds and stocks. also how much time do I have to petition the court . my father died in may 2013. he lived in Chicago I live in California.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.

Since he left no will here you can make application for court supervised probate here in Illinois.I would suggest an Illinois lawyer to file this on your behalf.You may be appointed personal administrator of the estate.You would gather assets, pay any creditors, taxes and the rest is distributed to the legal heirs under the Illinois laws of intestacy( no will).

You are permitted to be paid a fee for your work as personal administrator in this matter as well.Once you are appointed then you would have access to nay bank accounts or other assets here and you would then gather them into an estate account.

You would apply for an EIN number for the estate from IRS.This takes the place of his social security since he has deceased.

EIN number information

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-%28EIN%29-Online

You also are entitle to a small death benefit from social security.You can apply for this once you are named personal representative.This process takes roughly a year to 18 months from start to finish.

Here is Illinois lawyer referral for you.You want a probate lawyer.


http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=IL


Illinois laws of intestacy--note stepdaughter would not be an heir..You may well get all of it unless there are other siblings.The court makes this determination using these laws in probate as part of administration.


http://www.nolo.com/legal-encyclopedia/intestate-succession-illinois.html

Under Illinois law law, personal representatives are entitled to "reasonable compensation" for their services. (Ill.Rev.Stat.1985, ch. 110 1/2, pars. 27-1, 27-2.) The decision as to what constitutes reasonable compensation is a matter peculiarly within the province and discretion of the trial court. (In re Estate of Thomson (1986), 139 Ill.App.3d 930, 94 Ill.Dec. 316, 487 N.E.2d 1193; In re Estate of Rumoro (1980), 90 Ill.App.3d 383, 45 Ill.Dec. 737, 413 N.E.2d 70.) There is no clear-cut rule to guide the court in ascertaining what constitutes a reasonable fee, and consequently, the determination must be based on the facts and circumstances of the particular case before the court. (In re Estate of Brown (1978), 58 Ill.App.3d 697, 15 Ill.Dec. 916, 374 N.E.2d 699.)

More here about the probate process in Illinois

http://www.illinois-attorney.com/practice-areas/probate/probate-estates-for-illinois-decedents/

As the fees must be submitted to the probate court for approval, you would keep good records of your time and what you did by date, and you will have to prove the number of hours worked on the estate matters and usually the customary hourly rate is between $20-$40 per hour (depending on complexity and experience of personal representative).

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.

 

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Expert:  RayAnswers replied 1 year ago.

Here are the probate laws for Illinois skip down to Article 9 where it talks about administration --this is the situation where there is no will and court supervises the entire process..

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2104&ChapterID=60


Also know the lawyer fees for the estate as any other debts and reimbursement say your travel would come out of the estate here befoer distribution.

Thanks again.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30330
Experience: Texas lawyer for 29 years in Estate law
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