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What we have discovered is that my mom did not have a will…

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what we have discovered is...
what we have discovered is that my mom did not have a will she had a Trust, with the Trust we found out that everything but the bank accounts were put in the trust and today we were told by my sister and her daughter that they were listed as the POD my sister on the checking account and her daughter on the Savings Account. But as of right know the house and the car is to be divided by her 5 children and 3 older grandchildren. After the meeting with her attorney my two sisters and my two nieces had a conversation and they agreed to split everything 8 ways but once my sister and her daughter got home together they changed their mine and said they do not want to split what is in the bank accounts with anyone. So know everyone else wants to know what about probate court? Is this something that is a good idea or no?
Submitted: 4 months ago.Category: Estate Law
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Answered in 2 minutes by:
12/20/2017
Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,097
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Some of what I must tell you you may not like to hear. BUT i would not want to mislead you into spending your time energy and resources on an expensive process that ill likely not improve your situation.

Certain types of assets do not pass through the estate. Assets that already have the beneficiary attached to them do not. This includes life insurance, 401K accounts, and Pay on Death Accounts. So your sister and her daughter, who have been named on the POD accounts get that money without going through probate. Probate court is not going to get you anywhere in regard to those funds. It is just going to cost you money and create more dissension,

The remainder of her estate was processed through the Trust. The Trustee should be named in the Trust document and it is now that person's obligation to distribute the assets in the trust as directed by the trust document.

At this point the the trust needs to be administered. Debts must be resolved, final taxes must be paid, assets liquidated, and then the proceeds may be distributed. This may take a bit of time to accomplish.

Here are some resources that can help you understand the process:

https://www.illinoisestateplan.com/estate-administration/trust-administration/

Here is a link to the law:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2117&ChapterID=61

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Category: Estate Law
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