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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35304
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I am the potential recipient of a settlement from a class

Customer Question

I am the potential recipient of a settlement from a class action law suit regarding Avandia which is a diabetes medication that my late husband was on for several years. He passed away on 9/11/2001 of congestive heart failure. The attorney that is handling the law suit stated that I need to open probate in the county where my husband resided until his death. The award is $40,000. My husband's estate was next to nothing because I was listed as beneficiary on our house, autos, his life ins and our investments. We may have had around $2000 in the bank. We lived in Champaign county, IL. What is the quickest and most cost effective way of handling this?
Hilda Stevenson
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


If his probate estate was under $100,000, then you can use a "small estate affidavit" to collect any personal property (i.e. the lawsuit proceeds) held by another party. You complete the affidavit, have it notarized, and then you give copies to anyone holding personal property or money owed to or owned by husband and they then have to turn it over to you.


This is a link to instructions, the forms, and common questions: IL Small Estate Affidavit





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