I inherited a car from my grandmother. I do not have a title to the car. I have the will. The situation is I went to the secretary of state basically trying to get the car in my name and they told me that I had to get my grandmothers successor to fill out a form called small states affidavit. This is the way she basically is in the trust/will i

it states that my grandmother’s children gets her home and I get her car. It technically wouldn’t be small estate because her home is worth more than $100,000 & the car is worth $17,000. What am I supposed to do?

John’s answer: I am sorry for the loss of your grandmother. Since the estate is over $100,000 and includes real estate, you will need to probate the estate. This is nothing to fear as it is just a process. You did not say in your question if you are the executor, if you are the executor (or the named executor will not act) you will need to retain an attorney to assist you with the fillings before the court. In most cases you will not need to appear, your attorney can appear on your and behalf. One item I would like to note is the will should be filled in the county she passed away in within 30 days of her passing. You may find this in Illinois statute 755 ILCS 5/6 6-1 (b). There are many attorneys that provide a free consultation to help you understand this process as it relates to your specific matter.

My Grandma passed away, She lived in Illinois, no will, neither of her sons want the house. There is a $15,000 Helock loan on the house I will probably have to pay off. How do I go about getting the house put in my name? Who do I talk to? Where do I go? We have no idea and are running into walls as we are trying to talk to banks and such here.

John’s answer: I am sorry for the loss of your grandmother, to transfer the property you will need to probate the estate. This is assuming the property was not held in Joint Tenancy and there was no Transfer on Death Instrument in place. There are some potential other methods that may be used in limited circumstances. Since she died with no will, the estate will be treated as intestate. You may find more in formation of intestate laws and Per Stirpes distribution under Illinois Statute (755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1).

Your first step will be to retain an attorney to open the probate in the county your grandmother passed away in and have an administrator for the estate appointed. If no closer members of the family wish to act as administrator of the estate, you may be able to be appointed. You will find the order of preference in obtaining the issuance of letters of administration in Illinois Statute 755 ILCS 5/9-3. Your attorney should walk you through the steps of opening the probate estate, publishing, and administering the estate and finally closing the estate. In many instances if the family works together and there is no objection you will not have to appear in court.

All counties that I am aware of in Illinois require an attorney to represent the estate. This is required since the estate is representing the interests of third parties before the court.

All of second half of October 2021: IL attorney and his separate IL-licensed investigator reach out to me in Reno NV, claiming "substantial" amount in collateral heirship is mine through my deceased father's lineage; specifically as he was one of several cousins Court named as per stirpes re well-to-do relative who died intestate; lawyer/investigator each get NVDL, IL birth cert, much more to support my relevance, say expect affidavit/filings in estate/distributions "very shortly"; wait until Thanksgiving week, nothing, contact lawyer, says I'm the one, but suddenly need my own lawyer to get payments; next day, lawyer files final report for status call 11/30; 11/30, via pub livestream, see lawyer tell judge he has "late discovery" re my father's line, "reserve funds" exist, can wrap up things by end of 12/21; judge says status call 27 Jan 22; lawyer is not returning my calls. Suspect lawyer's client, estate Admin, already improperly converted funds; surety bonds exist for lawyer/Admin; how do I discover/get what lawyer says exists as my distribution? He won't say, very odd.

John’s answer: While there are insufficient facts to provide you with specific legal advice, I can provide you with some general information. I concur with Attorney Brabender. You will need to retain an attorney to represent your interests in this matter. The attorney for the estate cannot represent you, due to potential conflicts of interests with other heirs. The estate’s attorney recognized the potential conflict of interest and has advised you correctly by telling you to retain your own attorney.

It appears that the estate is acting appropriately by disclosing to the Judge the new facts discovered in the matter.

I strongly encourage you to seek an attorney who has experience in contested probates. While it appears the matter is moving forward without litigation, until you have had your own attorney review the matter, you will not be able to determine if your rights have been adequately secured.

Working on my living will. Want to make sure I have everything in order.

John’s answer: While I do not have enough information on your matter to provide you with legal advice, I can give you some general direction. I would suggest you discuss estate planning with an attorney. I have found a number of problems with documents that have been created through online packages or individual "do it yourself".

Illinois statute has a number for formalities that should be observed. With regard to Living Wills they are governed by Illinois statute 755 ILCS 35/1. The basic requirements are (1) Sound mind and age of majority or status of emancipated person (sample form at 35/3e); (2) signed by declarant or another at declarant's direction; (3) 2 witnesses over 18; (4) not pregnant (or at point where could develop to point of live birth with continued application of death delaying procedures); (5) notify attending physician.

You should be aware a living will is not the same as a Health Care Power of attorney. It also has no bearing on transfer of assets. The Living will only pertains to end of life matters. In your question you indicated both a "Will" and "Living Will" they are not the same and have differing statutory requirements.

I have a niece that lives there of my passed sister giving me problems paying rent and I want to get her out so I'm asking the 2 of us left do we now own and make decision on said property to keep or sell and what do we need to do.

John’s answer: I am sorry to hear of your loss. While there is insufficient information to provide you with specific legal advice, I can offer you some general information.

Since you have not indicated a will, trust, or the home was jointly owned with any other parties; I will assume none of these exist. Based on this assumption, you will most likely need to probate the estate.

Probate is simply the legal process by which an estate administrator is chosen, heirs and creditors are notified, and the estate is closed. While there are certain costs to this procedure, it is most often a relatively uncomplicated procedure.

Since we assume there was no will, her estate would be subject to the intestacy laws. Under 755 ILCS 5/2-1 (b), which states, “If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent’s descendants per stirpes.” Thus, the children of the mom would each be entitled to a share of the property. Based on the facts you presented, each child is entitled to a one-quarter share. Those living children would inherit their share directly. In contrast, the grandchildren (for example, the niece) would inherit through their deceased parent. For instance, if one of the deceased children had two children, each grandchild of that deceased would potentially be an heir to one-eighth of the grandparent’s estate.

The shares of your deceased siblings would be divided equally among their heirs. I have an article on per-stirpes distribution on my website under probate https://grantparklaw.com/lawyer/Per-Stirpes-Distribution-in-Illinois-Estate-Execution_cp20879.htm or google Illinois Per-Stirpes to get more information.

As several questions will need discussion with an attorney to help you decide the best way to handle the matter, I encourage you to contact an attorney. Many attorneys offer a free initial consultation.

Me and my husband want to rent out our condo. We heard it's a good idea to form an LLC and conduct rental business with it. We wonder what type of lawyer should we look for to help us form an LLC and transfer the condo to it? We live in IL. Please advise. Thanks.

John’s answer: Very good, high-quality answers from Attorneys Wood and Block. The LLC business form is indeed a highly attractive option for real estate investors, especially when the entity is accompanied by comprehensive liability insurance of the real estate. Generally, a corporate lawyer who is familiar with real estate law is your best fit, but if you are contemplating this step at least in part for estate planning reasons, you might want your lawyer to have estate planning expertise as well, in addition to corporate law and real estate law; there are lawyers who focus on all three. While each investor's situation and goals differ from others, on the whole, you are correct in your impression that organizing an LLC would be a good step forward for you and your husband. I suggest you begin with a consultation with a local lawyer with the expertise mentioned, and discuss liability concerns, an operating agreement, insurance, and best practices of closely-held LLCs under state law in your jurisdiction. I hope that your business and real estate affairs are productive and lucrative in 2021.

I need to know what to do to prevent my brothers half going to his wife.

John’s answer: In the question you pose, there are insufficient facts to give you legal advice on the matter. While I cannot provide you specific legal advice, I can offer you some general information. I felt your question is better served in the estate planning category and have moved it there for you.

As the first step in your question, there is little you can be due to prevent your brother’s share of the property from potentially transferring to your brother’s wife. If your mother is still alive and has the capacity, there are various ways your mother could structure the estate. For example, the property could be conveyed to you and your brother as joint tenants with rights of survivorship. However, the joint tenancy does not prevent all possibility of your brother forcing a change in ownership through a partitionment action. Another option would be to hold the property in the name of a trust. You and your brother could be named as beneficiaries. provisions in the trust could include the property to transfer to the surviving brother should one of you pass.

If your mother has already passed, your most likely route to a satisfactory resolution would be to discuss this with your brother. The two of you could agree to hold the property in one of the manners outlined above. An additional option would be for your brother to execute a will naming you to inherit this property.

You will probably be best served scheduling an appointment with an attorney. In that consultation, an attorney can gather more details, allowing them to better advise on your potential options. Many of the attorneys on this forum offer free initial consultations.

We could not find any results for Estate Planning in Kankakee County, IL

John’s answer: There are qualified estate planning attorneys that serve Kankakee County, as an example our firm serves Kankakee County from or Will county office.

I am the sole owner of an LLC that owns only one residential real estate (stand alone house) being used for rental income. I want to avoid probate and keep the property in the LLC while I'm living. Can I, as the sole owner of the LLC, record a transfer on death instrument for the property? I would like to name my daughter as the beneficiary so when I pass away the property transfers out of the LLC and to my daughter.

755 ILCS 27/5 defines Owner as an individual. I don't see anything about a business entity included in the definition of an Owner, hence my question.

I would appreciate an answer that addresses my question. Thank you!

John’s answer: While I can not give you specific legal advice, I can offer you some general information. Any legal entity that may legal hold real estate may be the beneficiary of a Transfer on Death instrument (TODI), the contra is not true. The Act creating the TODI in fact limits " owner" to being an Individual. Illinois 5 ILCs 70/1.36 (a) defines " Individual" as "(a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words “person”, “human being”, “child”, and “individual” shall include every infant member of the species homo sapiens who is born alive at any stage of development." This requirement becomes clear when you realize the transfer is only triggered by the death of the owner. There are a variety of methods that may be used to transfer the ownership interests of the LLC. You should consult with an attorney to discuss you options.

I am moving towards marriage and if I sign a prenup would my finance need to know about my parents trust and would that even matter ? Would it even be part of my assets if divorce happened ? Of course divorce is not the goal just want to make sure before I sign a prenup.

John's Answer: In the question you pose to us there are insufficient facts to give you legal advice on the matter,

I can offer you some general information on Prenuptial Agreements. I typically would find they are beneficial if either potential spouses had significantly different levels of assets or potential for the accumulation of assets. Essentially you are working out the details of how you would divide your assets should the marriage be dissolved. (This happens not just in divorce, so be careful of the wording in your prenuptial.) It is much easier to do this fairly between the parties now while there is mutual understanding, than later, when hard feelings have developed.

Generally, in Illinois, Prenuptial Agreements are valid and enforceable, with some exceptions. The Illinois statute pertaining to this is 750 ILCS 10/1-11. I would encourage you to read the statute for yourself. For the purposes of your question, one of the relevant considerations is if the prenuptial will be enforceable if you do not disclose your parents’ trust. Under section 750 ILCS 10/7 premarital agreements are not enforceable if the party against whom enforcement is sought proves that “2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;” Note the wording of the statute does not require “full” discloser it requires “fair and reasonable” disclosure. A better idea of how this differs can be found in the case of In re Marriage of Kloster, 127 Ill. App. 3d 583 (1984).

Your questions on the validity of the Prenuptial Agreement would be whether "fair and reasonable" disclose had been made if you did not disclose the trust your parents have created? Without reviewing the terms of the trust and determining the “when and how” any beneficial interest might vest in you, the only answer would be a qualified maybe. Unless you have a right to receive a benefit from the trust today, you have a mere expectancy. The trust may not even potentially exist when your parents pass away. The trust may never actually become your property; you may only have certain rights to request disbursements from the trustee. The trustee may have a discretionary authority to deny disbursements.

The law does allow an alternative way to resolve the disclosure of the trust. Under the stature 750 ILCS 10/7 (2) a party may “voluntarily and expressly waive in writing any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided”

As you can see, this is not an area of law I would recommend a do it yourself approach. I would recommend you retain an attorney to review or draft any prenuptial agreement you are contemplating signing. Separate counsel should represent each party.

My father has a will, prepared with the help of a lawyer. My dad then prepared a separate memo naming a few other gift recipients (for cash amounts ranging from $500-$5,000). Is the a conflict with him doing this? I am the Executor. I have recommended that he have the lawyer review this memo he wrote and do whatever is needed to make it a part of the official will but he hasn't yet. Should I be concerned?

John's Answer: While your question does not give all the details, I would need to provide you with specific legal advice. I will attempt to assist you based on a couple of assumptions. Yes, you should be concerned. The document you describe does not appear to be effective. If it meets the legal requirements for a codicil ( an amendment to the will), it may be valid. Since you mentioned a lawyer previously helped your father, I will assume the will was drafted and witnessed to meet Illinois requirements for a valid will. I have worked with families who believed there was a will, it was not correctly executed, and the courts would not admit the will for probate. This failure of the will resulted in intestate distributions. It could be something as simple as no attestation clause signed by the witnesses and the witnesses no longer being available to give testimony. While Illinois in some cases recognize a personal properly memorandum if it is duly incorporated by reference in the will and meets all other requirements, (see Continental, Etc., Co. v. Art Institute, 341 Ill. App. 624, 635 (Ill. App. Ct. 1950)) in the present case, you are discussing cash bequests. Among several possible issues, these are not personal property and can not like stock or other intangible items be bequeathed in this manner.

In many cases, these types of bequests would be in direct conflict with the will and potentially form a basis for a contested estate. I believe you should meet with an estate planning attorney to discuss these matters, allowing them to review all documents to ensure your father's intentions can be carried out. This may save many hard feelings down the road between the executor and other heirs and legatees.

My sister died. She did have a will. She left her home to her husband who may still be on the deed. Her car and half of the money in her account, which is not much. The rest of her money and insurance payout went to her son who is a minor and Autistic. She listed me as executor of her estate. Not sure what to do.

John's Answer: I am sorry for your loss.

Without reviewing the documents such as the will, deeds of the house, and insurance beneficiary designation, I am unable to give you personal advice. Still, I can speak to certain generalities that may be helpful to you. One of the questions left unanswered is if your sisters' husband was your nephews' father. Since your Nephew is a minor to receive the insurance benefits, a guardianship will probably be required. A trust may also be required. Another consideration is whether a special needs trust needs to be created or has been for your Nephew.

The rest of your question revolves around Small Estate's Affidavit vs. Probate. From an executor's point of view, probate is a better solution. The window for creditors to claim the estate is six months from publication, while with the Small Estate's Affidavit the window for creditor claims is and executor liability extends to 2 years. This difference in the creditor claim window alone can be a significant factor in choosing which route you may wish to choose. By having the estate probated and reviewed by a judge prior to closing, it does provide the executor a comfort level that no mistakes have been made that they could be held personally liable.

The use of a Small Estates Affidavit also is restricted to estates with less than $100,000 in value and estates that there is no transfer of real property such as a home. In your matter, depending on how the house was titled, you may or may not be able to use the small estate affidavit based on that factor alone.

Many attorneys here, including myself, will be happy to provide you with a free initial consultation. It appears no matter which route you go, you will need some legal assistance to help you with questions as they arise.

My mother passed away a few years back when my brother and i were still children. My dad recently passed away leaving no will that we could find. My Dad has two daughters and an adopted son from a previous marriage. None of which wanted anything to do with my Dad for many years. There was an accident and Dad ended up in hospital for a year with life changing injuries and none of the siblings came to visit. Even on the night he passed away they took so social media to tell everyone how much they didn't care that he died. No we're dealing with the estate, the refused to pay anything towards the funeral costs, and have not been in contact with me or my younger brother. The estate largely is all in my Dads property, a property registered still under the names of both of my parents. If i took this case to court would there be a way of the half siblings being entitled to a lesser share of the estate?

John's Answer: I am sorry to hear of your loss; these times are often stress filled. While you have provided us with limited facts in what may be a complex matter, I generally agree with Attorney Talarico.

Based on your father having passed without a will, his estate is subject to the laws of intestacy. The Illinois Probate Act 755 5. Article II Descent and Distribution lays out the rules for distribution in the event an individual passes away without a will. However, there are potentially several issues here that may need further examination. One of the questions that an attorney you meet with might ask is if your mother's estate was probated and if there was a will covering here estate.

If your mother's estate was not probated and there was no will, her estate would also be subject to the intestacy laws. Under 755 ILCS 5/2-1 (a) "If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes". In such a situation, her estate might be divided between her husband and children subject to the facts and circumstances. If this was never done probating, her estate might reduce the valuation of your dad's estate by transferring a portion of her assets directly to her children.

Another factor I would want to discuss with a potential client is that since your half-siblings refused to pay anything toward the funeral, the individual(s) who advanced money to the estate to cover the costs of the funeral and certain other expenses should be entitled to reimbursement before the division of the estate to heirs.

You should also discuss with an attorney who will be appointed the estate administrator? Given the potential for disputes and that real estate is potentially involved, it appears this estate will likely require formal probate. I would recommend you speak with an attorney who handles probate so that they can get a more detailed picture of your matter, so they may provide you with advice that is more targeted than that which can be supplied in an online forum.

My long term boyfriend gave me his mothers (who is deceased) diamond watch. He passed away 6 weeks ago. Now his children want the watch. Do I legally have to give it to them?

John's Answer: I am sorry to hear of your recent loss. The times when loved ones are lost often bring out stress in many forms.

Since you have left out a number of facts in your question that an attorney would ask you. I am going to make some broad assumptions and look at gifts in general and assume this gift was not made on a contingent basis, or there are any writings related to the gift or trusts involved. Generally, a gift is the permanent transfer of property from one person to another. As a result, there should be no requirement for you to give the watch to his children.

Illinois case law illustrates this in the following two cases. "delivery of the property by the donor to the donee, with the intent to pass the title to the donee absolutely and irrevocably, and the donor must relinquish all present and future dominion and power over the subject matter of the gift." Pocius v. Fleck, 13 Ill. 2d 420, 427 (1958). The irrevocable nature of gifts is further noted in a latter case that states, "A gift is a voluntary transfer of property by one person to another where the donor manifests an intent to make such a gift and irrevocably delivers the property to the [recipient]." In re: Marriage of Weiler, 258 Ill.App. 3d 454, 196 Ill.Dec. 372, 629 N.E.2d 1216 (5th Dist, 1994).

From the children's aspect, they would, in litigation, assert that no gift had been made and would need some evidence to support that assertion.

If this proceeds you may wish to contact an attorney to assist you in your dealings with his family.

Last year, I started an LLC for a therapy company. I have had a lot of snafus in regards to applying to be a Medicare provider. The main reason I am held up is that the name of my LLc is “The Learning Sea”, however the document that assigned my EIN, has my LLc as named “Learning Sea” there is no “The” at the beginning of the title. Should I apply for another EIN with the correct title that includes “the”?

John's Answer: Grant Park Legal Advisors LLC are not tax attorneys but assit in business formation, the pressure of forming a new business can lead to typos sometimes called "Scrivener's Errors" on applications such as this. In most cases you will not need to apply for a new EIN. In many cases these corrections can be accomplished with a letter to the IRS. That Letter should explain the name change and include your current EIN. The letter should be mailed to the IRS Center you mailed your most recent tax return to. The address for the various IRS centers are available on the IRS Website.

Another method of name change if the LLC is multi member filling taxes as a corporation is elect the name change box on Form 1120 and include this with your annual tax return. If you have filled your tax return, then you would follow the method outlined above and submit a letter signed by the managing member or responsible party.

IRS also has a variety of help numbers the help number for businesses is 800-829-4933

I would encourage you to review publication 1635 Understanding your EIN

https://www.irs.gov/pub/irs-pdf/p1635.pdf

Tree cut business is llc. Landscape business account opened separately by using existing tree cut llc as the authorized signer. Got llc protection for landscape business and did not have to pay attorney again. I transfer money between both companies because they are the same llc. Problems ?

John's Answer: Since you are asking if there are problems, I will assume you have started to realize some of the many issues that could arise from handling your business affairs in this manner.

Without knowing many more facts of your particular businesses, an attorney will not be able to advise you on your present matter. Some of the questions that immediately arise for example are; how are you holding yourself out to the public, did you file an assumed name registration with the state of Illinois? For example, 805 ILCS 5/4.15(c) states "Before transacting any business in this State under an assumed corporate name or names, the corporation shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file in duplicate in accordance with Section 1.10 of this Act . . ."

How are you handling contracting for services for each of the two businesses with both your customers and vendors? Do you have employees that work for either or both businesses?

In some cases, you may have lost the protection of the original LLC.

I encourage you to contact an attorney that works with small businesses to assist you and advise you on both of your businesses and determine what steps that may be needed to be taken to protect against the many potential problems that could be created by this business structure.

I need to know what documents are needed to LLC register in Israel.

We are currently LLC registered in Israel and Florida.

John's Answer: There are a number of facts that an attorney will need to discuss with you prior to providing legal advice. In this instance, you have multiple jurisdictional concerns. You state you have your LLC registered in Florida and Illinois. Did you register two separate LLCs or do you have one of them registered in either Florida or Illinois as a foreign LLC doing busy in the other state? That being said with regard to Israel you will want to contact the Israeli Corporations Authority. Foreign companies wanting to do business activities in the nation of Israel must register. Their contact information can be found at https://www.justice.gov.il/En/Units/IsraeliCorporations/ContactUs/Pages/default.aspx . A variety of other factors may come into play in a multinational business that need to be considered such as import and export regulation, the regulation of professional services. I would strongly urge you to contact an attorney that focuses on international business regulation before engaging in business activities in a foreign jurisdiction.

Man served 17 yrs on plea deal. He was accused of sexual child abuse, will receives a trust fund when his parents pass on in death. Is there away that this beneficiary of the trust fund be protected against Accusers coming back and suing him to get the funds from the trust? If he is the beneficiary and not trustee if trust fund. There's no statue of limitation in the state of IL

John's Answer: Yes, a trust may be set up to protect assets from a variety of creditors. Without significant detail, I would be unable to give you legal advice specific to your matter.

That being said, if the grantors of the trust of which he would be a beneficiary have the trust properly drafted to create an irrevocable trust ensuring that no monies transfer directly to the beneficiary in question, but are available for his benefit subject to a trustee’s discretion, that should accomplish a portion of the overall trust/estate plan strategy.

The limited facts you presented would create an analogous situation to the types of provisions that are often in a trust where families want to ensure that the assets remain available to the beneficiaries but are not subject to claims in divorce or child support or other creditors. Another situation where you see similar issues is a "special needs trust" to provide for life-enhancing benefits to a handicapped individual without those assets being subject to inclusion in their assets for state aid purposes.

I would recommend working with an estate planning attorney who has an understanding of all the facts and objectives of your matter to carefully draft a trust that meets both the asset protection goals and the long-term goals to provide a benefit to the beneficiaries.

We live in Illinois and I failed to mention my $100K student loan and a $400K mortgage in the pre-nup.

However, our prenup has the following wording:

1.3 Disclosure. The parties executed a Financial Disclosure Agreement in Advance of Premarital Agreement on July 10, 2013 (the "Financial Disclosure", a true and accurate copy of which is attached hereto as

Exhibit 1), whereby each party made full disclosure to the other of his or her income, property, and financial obligations to the best of his or her knowledge. Prior to signing this Agreement, each party made full disclosure to the other of his or her income, property, and financial obligations to the best of his or her knowledge. Each of Wife and Husband acknowledges that he or she has made full disclosure to the other of his or her present income, property, and financial obligations.

EXHIBIT 1

Financial Disclosure Agreement In Advance of Premarital Agreement (attached).

[the page with this disclosure was left blank]

So does this language mean that the document will hold up in court despite the fact that I failed to mention these debts?

John's Answer: There are a number of questions an attorney will have before being able to advise you on your prenuptial disclosure matter. An attorney, for example, would have to review how your failure to disclose debt impacted the prenuptial agreement and the parties involved. Were marital assets such as income used to pay down the debt during the marriage?

With regard to invalidating a prenuptial agreement under 750 ICLS 10/7 “Enforcement. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:” . . . “(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;”

Since you make no mention of a provision waiving disclosure of property and financial obligations, I will assume for purposes of your questions one does not exist. So strictly based on the statute a failure to disclose debt would be part of the analysis to determine if a premarital agreement was enforceable.

However, fair and reasonable disclosure does not mean full disclosure. The courts have previously found “the failure to disclose any particular piece of property or financial obligation is not, in and of itself, fatal to the enforcement of a prenuptial agreement. Similarly, “adequate knowledge” does not require full knowledge of every asset or financial obligation that is owned or owed by a party. Rather, “adequate knowledge” is the knowledge that a party has, or reasonably could have had, regarding the general approximation of the other party’s income, assets, and liabilities” In re Marriage of Woodrum, 2018 IL App (3d) 170369.

To answer your question does the failure to disclose render the prenuptial agreement invalid the best answer I can give you is a qualified maybe, but it does not automatically render the prenuptial agreement invalid.

Cousin passed and we cannot locate a will or pour over will. I am his only living heir (first cousin) and wondering if the pour over should be mentioned in the living trust. Also, there is no "schedule A" attached and the trust is 75 pages long without specific mentions of bank names, or anything else. It looks more like a standard form with no specific assets mentioned except jewelry. Would funding the living trust have specifics or is this 75 trust legitimate?

John's Answer: There are a number of questions an attorney will need to review to provide you advice on your matter. This, unfortunately, is not an uncommon issue that we find more often with do-it-yourself trusts. Assets, such as bank accounts, investment accounts, homes, and cars need to be retitled over to the trust to include them in the trust. These types of accounts should also be reviewed for various types of joint ownership or transfer on death instructions. A pour-over will can alleviate the failure to transfer assets to some degree and is often used with untitled assets. The family should make a thorough search to fully eliminate the possibility of a will or pour-over will being found. If the deceased had a safety deposit box with the bank, this may take a court order to open to search for a will. If neither kind of will is found and the assets have not been properly transferred to the trust, then you may be subject to Illinois intestate laws. The Illinois Probate Act 755 5. Article II Descent and Distribution lays out the rules for distribution in the event an individual passes away without a will.

If there are significant assets or real estate involved, I would encourage you to seek the assistance of an attorney familiar with probate.

My father passed away & we were recently made aware of a possible illegitimate brother. Can that child or mother of child take anything from what I have established with my wife & children? Likewise from my full blooded sisters?

John's Answer: In todays world of complex families, simple answers to these types of questions often allude us. The information you have presented leaves out a number of essential questions for example: Has your Father’s estate been probated, did your Father leave a will, and has the child been adopted. These questions are just to illustrate some of the questions an attorney will have before being able to advise you in this matter. I strongly encourage you to schedule an appointment with an attorney who handles probate.

My elderly relative just died in Chicago. I live in NYC and am his heir. I cannot travel at present and need assistance (in Chicago) in terms of finding/processing his will & insurance papers, and with determining funeral arrangements & expenses ASAP, etcetera. He had a house & mortgage.

John's Answer: There are a number of qualified attorneys in Chicago that handle probate matters listed on Avvo. Since you are posting the question, I assume you are named the executor in the will. Since you are a nonresident of the state of Illinois 755 ILCS 5/6-13 (c) "The court may in its discretion require a nonresident executor to furnish a bond in such amount and with such surety as the court determines notwithstanding any contrary provision of the will." This is one of the consideration your probate attorney can assist you with.

My mom had no money left and we dont want her house our stepfather cAn have it..we just want our family heirlooms from our grandmother and from when our mother and father where married for 30 years before my stepfather. We just want personal stuff like jewelry we bought and furniture that was our grandmother's and maybe some of her clothes and. Christmas heirlooms from our childhood. But he wont let us take anything..what can we do?

John's Answer: First, I am sorry for your loss. Illinois has specific laws designed to help with situations such as this when a person passes away without a will. Under 755 ILCS 5/2-1 (a) “If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes” It appears based on the limited information in your question, you and your sister may be entitled to ½ the estate. I would recommend that you seek assistance from an attorney familiar with probate, since there is a dispute of heirship you will most likely have to open a probate estate in the county, she passed away in. If the estate is small enough that probate is not required, it may be worth exploring mediation as a way to work this out.

My husband wants to do 2nd marriage in Pakistan can USA laws allow him to do 2nd marriage in another country?

John's Answer: Your question refers to what is know as Bigamy in Illinois. Bigamy is defined by 720 ILCS 5/11-45 (a) as “Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries another.” This is not allowed in Illinois; it is a Class 4 felony. If this continues to be an issue you should consult with an attorney.

Parent was rewriting will. Passed away before signed. Is this will legal?

John's Answer: A will handwritten without any witnesses is referred to as a Holographic Will. Holographic Wills are not recognized in Illinois. Illinois has formal requirements for a will to be valid. One of the requirements is that it be witnessed by two disinterested parties (not beneficiaries of the will). Another requirement is that it be signed by the testor (the person making the will). As you stated your parents writing was not signed therefore, they would have died intestate (without a will) under Illinois laws. The Illinois Probate Act 755 5. Article II Descent and Distribution lays out the rules for distribution in the event an individual dies without a will. For example, the statute states “(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.”

I would urge you to speak with an attorney to allow them to review what righting you may have and assist you with determining whether the estate should be Probated or if it can be administered with a Small Estate affidavit.

Our mom, has stated on several occasions that she's POA over our dad, however, we think that she just says it so my sister can't take him home with her. He's been home since July, and my mom has not been attending to him, as she should be. We believe she just wants control of his money.

John's Answer: In your brief scenario of the matter, there is not enough information to provide any analysis. I will try to provide you with a little background information. The most straight forward way to determine if your mother has a Power of Attorney is to ask her to allow you to review the document. In Illinois, there are two basic types of Powers of Attorney that may be applicable in the circumstances you are indicating. The first is Durable Power of attorney under 755 ILCS 45 Article II “Durable Powers of Attorney” this act allows an individual to delegate powers for another person to act on their behalf in financial matters even if they become incapacitated. These can be very broad powers, or they can be defined more narrowly depending on the wishes of the individual granting the power. These powers may come into effect immediately or upon the incapacity of the granting individual. They may also be limited to various specific periods of time. If the power of attorney is being used or has been used to affect real estate title it may/should have been recorded with the recorder’s office in the county the real estate was located in. This document must be witnessed and notarized to take effect in addition to being signed by the grantor.

The second type of Power of Attorney you might be referring to is a Health Care Power of attorney these are found under 755 ILCS 45 Article IV “Powers of Attorney for Health Care”. This document allows an individual to delegate their power to control their personal care and medical treatment. This document can become effective immediately or upon incapacity based on the choice of the grantor of the power. It may also allow for immediate access to medical records to allow assistance with the for-example insurance but not immediately grant medical decision-making powers. These documents must be witnessed and signed by the grantor. If you feel your father is unable to care for himself or being improperly cared for you may wish to seek a guardianship. You should consult with an attorney who can more fully understand the facts than the limited information here provides.

pecial Needs Trust was written by California Attorney as requested by four siblings. After manipulating father who was mildly demented. Brother got greedy and manipulated Dad out of $100,000 plus, cash and changed the trust to take out me and another sibling. Two siblings names removed by the brother. Attorney who wrote the Special needs trust never met dad. He sent me email that it wasn't the trust he wrote and he could not stop brother from signing and placing with trustee. The "wrong" trust altered by the brother took me and sister out as signatories and beneficiaries. There is another Trust in place that Dad had for 15 plus years that had all four kids. Dad revised it in very small ways over the years, but it always had all kids in it. Most of the original trust's assets were transferred out of it, to the special needs trust.

Dad's original lawyer tried on two separate occasions to fix this . . .brother would not comply with dads wishes. I did contact APS . Brother is criminal/thief. '. Do i have any recourse either with the lawyer who didnt meet my dad to determine if he was of sound mind, and allowed my brother to unilaterally remove us, or with either trust?

John's Answer: The question you are posing is a complex legal issue, with no clear answers. One of the first issues you should consider is the “situs” of the trust. This is the location of the trust as established by the terms of the trust. This is a key element in a trust as it will tell you what state's laws govern the trust and the interpretation of the trust. It will also help you determine where you should contact an estate litigation attorney. While trust laws have some similarities across the country each state has its own requirements and governing laws that apply to trusts. Beyond that, you assert certain facts such as dementia that may have prevented your father from having had the ability to legally create the trust or transfer assets to the trust. To create a trust, a person must have the legal capacity as governed by the state the trust was formed in. For example, do they have the ability to understand who they are, who their family is and to understand their assets. Additionally, you allude to what might be termed undue influence in the making of the trust. Many states have adopted various elder abuse protection laws that may come into play in this scenario. You also mention a “Special Needs” trust was created. These trusts are typically created to provide support for someone who is handicapped in some way to assist them in living a fuller life. If this person was someone your father had a natural affection for the court may consider this in weighing whether to set aside this trust. As you can see above this question has many moving parts and cannot be properly answered briefly in an online forum. You should contact an attorney to review and assist you with investigating if you have a viable claim.

I do have beneficiaries named for my IRA accounts.

John's Answer: Most Investment Broker Dealers offer a variety of types of invesmtent accounts and options. Individual Accounts typically do not require a beneficiary and will become part of the estate upon death. These accounts are subject to claims and distributions, based on your will or the laws of instestate succesion. Often brokers may encourtage you to name a beneficiary through account designations, such as "Transfer on Death," so the account does not become subject to probate and estate claims. Since Febuary 5th of 2018, you may also be asked for a trusted contact person. While your are not required to give this information, it may be a good idea. Some other types of accounts that provide for transfer instructions on death include but are not limited to: Joint Accounts ( Joint with right of survivorship, Tenancy in common, Tenants in the Entirety). Trust accounts may also be established allowing for management of the account and access to the funds by a trustee during a period of incapaity or to provide instructions for assets upon your passing. You should meet with an estate planning attorney to review your various accounts and assets to ensure your intentions and goals for transferring your assets on death are being met.

My son estate contacted me asking me for my social Security number to file taxes on the estate for my son. I ask them why do they need mine they should only need my son social security number since it's his estate. They told me they need my social Security number for tax person and that's the new law that pass. I never heard that before at all and my son had his estate ever since 2007. so I want to know if it is true

John's Answer: I would start by having a discussion with the attorney who is assisting/assisted with the probate of the estate. A number of facts are missing to determine why your Social Security number may be required. Some reasons your Social Security number could be needed would include for example, if you were the executor of the estate for filing the estate tax return. If you where the beneficiary of a trust the trustee may need your social security number for the K-1 that you will use to complete your tax return. Without a complete review of this matter and more detailed facts, I would be unable to determine if the request for your Social Secuerity number is valid.

My mom passed away and said for me and my sister to split everything. We had a sister die and she had wrote in a paper that her girls is to get a certain amount and me and my sister get the rest. It was not witnessed. Would this hold up ?

John's Answer: A will handwritten without any witnesses is referred to as a Holographic Will. Holographic Wills are not recognized in Illinois. Illinois has formal requirements for a will to be valid. One of the requirements is that it be witnessed by two disinterested parties (not beneficiaries of the will). As you stated your mother's writing was not witnessed therefore, she would have died intestate (without a will) under Illinois laws. The Illinois Probate Act 755 5. Article II Descent and Distribution lays out the rules for distribution in the event an individual dies without a will. For example, the statute states “(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.”

I would urge you to speak with an attorney to allow them to review what righting you may have and assist you with determining whether the estate should be Probated or if it can be administered with a Small Estate affidavit.

My husband is seriously ill with and mentally incompetent at this point. He has money hidden in an account with the investment firm of a friend of his. I know where it is I don't have the account number. I have power of attorney over he and his finances. I could use the money to get him into a much better nursing home with far better care. Without it he will continue to receive substandard care. His kids and grandkids are benificiaries on the account. I am stressed every day because of knowing it's there and could be used for his health care but because he wanted to leave something for his kids he did it this way. Is there anything I can do or anyone I should go to to gain access or partial access? I am lost and stressed and too old for this. NO it's not a money grab by me. It's because he's so, I don't know, he didn't foresee that HE may need the money when he did this. Now we are both stuck.

John's Answer: The Power of Attorney (assuming it has been properly executed) should provide you with access if the account is in his name. If it is a "springing" power of attorney, you may be required to provide further documentation showing he has become incapacitated. Statements on the account should also assist you in determining how the account is titled and what type of account it is. There are certain types of accounts that may further restrict the availability of the funds. One example would be a trust account, in that scenario, the terms of the trust would control the availability of the funds. I would encourage you to consult with an attorney to help you identify the account and the requirements that need to be met for access if the account is available to support his care.