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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33797
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I live in Illinois. My mom died in 2014. I have no siblings

Customer Question

I live in Illinois. My mom died in 2014. I have no siblings and my dad passed in 1994. Her will has me as the one to receive all of her assets. Sh
JA: Have you talked to a lawyer yet?
Customer: I live in Illinois. My mom died in 2014. I have no siblings and my dad passed in 1994. Her will (filed in Sangamon County) has me as the only one to receive all of her assets. I settled her estate in 2014. I didn't go through probate because she had already made me either co-owner of her assets or ownership was transferred to me after death. The only asset remaining in her name is ***** ***** She bought a $464.000 house in 2012 and forgot to include me as an owner. I was a co-owner of her previous property. I'm currently living in the house and have paid property taxes every year. Must I petition for probate in order to assume ownership?
JA: Anything else you think the lawyer should know?
Customer: I haven't talked to an attorney
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 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.

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I'm currently living in the house and have paid property taxes every year. Must I petition for probate in order to assume ownership?

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Unfortunately, if you weren't listed as a joint owner on the deed, then yes, you have to file a formal probate case so that you would be granted the legal authority to execute a new deed from the estate over to yourself personally.

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The only way to transfer real estate is by a deed and only the executor would have the authority to sign the deed.

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thanks

Barrister

Customer: replied 5 months ago.
What do I need to file a formal probate case? Do I need an attorney?
Expert:  Barrister replied 5 months ago.

You have to contact the probate court in the county where mother lived and file a formal probate petition along with the will with the clerk's office. Then the clerk will set a hearing date where you will appear and the judge will have a short hearing where he appoints you as the executor of the will. After that, you have to file an inventory of any assets, pay any debts, file any final taxes, complete an accounting of inflows and outflows for the estate, and then distribute the assets to yourself as the only heir. You will have the legal authority to sign a deed from you as executor over to yourself personally once you have confirmed that all debts of the estate have been paid. That is a very brief overview of the probate process and the clerks office normally will have a packet of forms for you along with a guide for the non-attorney.

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And no, the probate courts are set up for the non attorney so you don't have to hire one. You may need one for the limited purpose of drafting a deed from the estate over to you personally.

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thanks

Barrister

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