No will / will my children inheirit everthing?

[sherrywhite]

What is the name of your state? Illinois

My boyfriend died last year leaving two heirs (which are minors). As the mother of two children who are heirs of their fathers estate, do I have the right to know exactly what's going on while everything is still in probate? I'm living in one of the properties with my kids and I don't know anything about what's going on. His father is the representative for his estate. Everytime I ask what's going on with the probate process he states that he hasn't talked to the Lawyer. It's been six months and I haven't heard nothing.

What exactly should be listed as property of the decedent (real property, car, etc.)? Even though I constributed his name was on everything. I have also been paying gas and light bill for another property which he also owned. The mortgage for the house which we are still living in is also coming out of my pocket (should that be coming out of the estate?). And what usually happens after probate? Are my children entitled to everything? And do I have the right to know what's going on behalf of my children? Who makes the final decisions (representative or judge)? What should I do after six (now) 10 months?

 

[justalayman]

http://www.finance.cch.com/pops/c50s10d190_IL.asp
http://www.illinois-attorney.com/intest.htm

the illinois intestate sucecssion laws.

What exactly should be listed as property of the decedent (real property, car, etc.)?

whatever he owned.

Even though I constributed his name was on everything. I have also been paying gas and light bill for another property which he also owned.

Is there any agreement that you would recieve an interest in the porperties in question if you did contrbute?

The mortgage for the house which we are still living in is also coming out of my pocket (should that be coming out of the estate?).

Yes, but you should be paying rent to the estate.

And what usually happens after probate?

everbody goes away saying "I deserved more"

Are my children entitled to everything?

looks like it per the statute linked above.

And do I have the right to know what's going on behalf of my children?

I would think so.

Who makes the final decisions (representative or judge)?

the judge

What should I do after six (now) 10 months?

get a copy of the probate file from the courthouse/ Call the estates attorney and ask him what is going on. If you think you deserve anything, you might want to retain your own attorney. Remember, the estate attorney is working for the estate, not you, the children, or even your brother.

 

[sherrywhite]

Property in probate

Thank you. Also, is it possible that the bank could request the house be sold (since it was in his name only)?

 

[BlondiePB]

Thank you. Also, is it possible that the bank could request the house be sold (since it was in his name only)?

I suggest you consult with an attorney regarding your children's inheritance. Because they are minors, any monies will be put in a guardianship of the estate or in trust for them.

 

[sherrywhite]

Does the tranferring of property takes place during probate or after? And, does the mortgage stay in the deceased persons name? I am located in Illinois.

 

[nextwife]

Do NOT allow the real estate to be put DIRECTLY into the names of your minor children. Minors cannot convey real estate, so if you do not have their ownership set up properly, the property will NOT be able to be conveyed UNTIL they are both legal adults.

The mortgage MAY contain a "due on transfer" clause. If so, the lender has the right to call the mortgage due in full if the property is transferred OUT of their borrowers name. If that is the case, the mortgage will need to be either paid off, refinanced or the property sold.