How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34363
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

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: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months 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

.

.

thanks

Barrister

Related Estate Law Questions