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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33133
Experience:  30 years experience in the practice of estate law.
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Is real-estate property held in a Trust of the decedent,

Customer Question

Is real-estate property held in a Trust of the decedent, used to calculate the total value of an estate for a "Small Estate Affidavit" used for items not held in the trust ?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Illinois, Dupage county.
JA: Has anything been filed or reported?
Customer: Yes, a Will has.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Estate Law
Expert:  Loren replied 8 months ago.

Good morning. I am Loren, an Illinois licensed attorney for over 30 yrs, and I look forward to assisting you.

If the estate includes real estate then it is not eligible for a small estate affidavit affidavit. The affidavit is only for use when the estate consists of personal property ONLY and the total value does not exceed $100k.

However, if the property was in trust then probate may not even be necessary unless the trust instrument provides otherwise, and the trust, not the small estate affidavit would control the disposition of the real property it contains.

Expert:  Loren replied 8 months ago.

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