Upon Death Do My Assets Automatically Transfer to My Spouse or Children? In Illinois, for those passing away without any estate planning, the rules of descent and distribution govern who inherits the assets of the deceased. Considering that less than 50% of Americans have a Will, it is not unusual for the rules of descent
How is Debt Treated in Probate? When a person passes away with debt, administration of the estate can be confusing for the family. On the one hand, you may have a will or trust that directs the distribution of assets to the beneficiaries. On the other hand, valid creditors have a right to be paid
How To Transfer Car Title After Someone Passes Away For many people, cars can be significant assets of their estate. Upon passing, the family will have to determine how to transfer ownership of the car to a family member or how to sell it as an estate asset. But the process for transferring ownership of
My Parents Passed Away. Do I Need to Probate Their Estate? If a parent of yours has recently passed away, you may have heard that you need to do probate. What is probate exactly? Probate is the Court process of collecting a person’s assets and distributing them according to a will, if any, otherwise by
How Are Heirs Determined in Illinois? An heir is someone who is legally entitled to receive property upon a person’s death. Every state gets to decide who the natural heirs of a decedent are, and the states will publish their own laws of descent and distribution outlining heirship. The laws of descent and distribution are
What To Do If You Are Named Executor of a Will in Illinois If you have been named Executor of another person’s will in Illinois, then you are probably wondering what needs to be done during the person’s lifetime and upon their death. Acting as an Executor is a crucial role but one fraught with
How to Find Assets of a Deceased Loved One When a person passes away, it is up to his or her Executor (if one was appointed in a Will) to find any assets of the estate. This is referred to as “marshaling the estate assets.” If the decedent had no Will then an Administrator may
What Happens to My Student Loans Upon Death? If you went to college and now have significant student loan debt, you may be worried about what might happen to those student loans if you were to pass away before repaying them. Student loan debt has been steadily rising in the United States, with soaring college
My Parent’s Death Was the Result of an Accident. Do I Need Probate? If your parent or spouse lived in Illinois and died due to an accident, a probate matter should be opened if your family intends to pursue the party that caused the accident for a wrongful death claim. Any type of wrongful death
The Dangers of Using a Small Estate Affidavit in Illinois If you’ve had a loved one pass away and the duty has fallen to you to collect assets and pay outstanding bills, you’ve no doubt heard of a small estate affidavit. Perhaps you went to the bank to access your parent’s bank account to pay