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Shea79

Guest
What is the name of your state? New Mexico

I live in New Mexico, but my father passed away in Illinois. He left no will, he was re-married to my step-mother. Their home, car, everything was only in his name. He owns land out here in New Mexico. The case is in probate. My uncle took her to court because my grandmother was living with them prior to my father's death. She was forging her social security checks. The case is still in probate though, I think that they lawyer that he has is not very good. It has been in probate for 2 years, and they've gotten nowhere.
I'm just wondering what my rights are. I'd lke to hire my own lawyer...just wondering if anyone had any helpful advice????
 


JETX

Senior Member
You have every legal right to obtain your own counsel. Go talk to an attorney before the probate process lapses.
 

Dandy Don

Senior Member
What county in Illinois is probate taking place in, and have you been advised by phone or by mail whether you will be receiving anything from this estate?

Do you have any idea as to what the value of the estate is?

Have you had a chance to attend any of the probate hearings to find out what is going on or has someone been keeping you informed about the status of the probate? Let me guess--you have been told almost nothing about it, right?

The surviving spouse is entitled to at least 1/3 of this estate, but you will need to consult with an Illinois attorney to get your question answered about who gets title to the real estate, since it is unlikely that an Illinois attorney would be reading this message board. There is a chance that you may be eligible for a portion of the home and the land as a legal heir, so probate would need to be done to correct the title/deed to show your name if in fact you are a valid heir to the property, and then stepmother can decide whether to pay you (buy you out) of your portion of the home if she wants to continue living there or if she at some future date decides she wants to sell.

You also need to find out if the New Mexico land is being handled in this probate or whether a separate probate action will have to be done for it in New Mexico.

Have you contacted the probate attorney to ask him whether or not you will be receiving anything from the estate? If he gives you an answer, then you won't need to retain your own attorney unless you feel they are not being completely honest with you. You need to at least review the probate file to see what documentation is in there, or at least order copies from the courthouse for yourself by mail so you can see what has already been done with this estate, or ask your relative to tell you what is going on.

Also, you may want to pay a few hundred dollars to an Illinois private investigator or do your own research online to see if this stepmother/administrator has any type of criminal background. If so, then this might disqualify her from being administrator, but discuss this first with your probate attorney.


DANDY DON IN OKLAHOMA ([email protected])
 
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Shea79

Guest
I'm not sure how much the estate is worth...I'm really not to happy with the lawyer in Illinois. Is it possible to get a probate attorney here in New Mexico...or does it need to be in the state that he passed away in?
So to get the files on the probate that is currently going on, I just call the courthouse?
The county in Illinois that he passed away in is Peoria...he lived in LaSalle county.
What is the appproxiamte cost to hire a probate attorney?
 
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Shea79

Guest
Yes, the attorney that my uncle hired said that I am entitled to half of my dad's estate since I was his only child. At the time I was a college student and they major issue with not hiring an attorney was first I didn't know where to begin...and money was an issue
 

JETX

Senior Member
"Is it possible to get a probate attorney here in New Mexico...or does it need to be in the state that he passed away in?"
*** The attorney needs to be familiar with the probate laws where the estate is filed.

"So to get the files on the probate that is currently going on, I just call the courthouse?"
*** Some courts and/or clerks will forward copies of the file for a fee. I would suggest you contact the probate court in that county and ask them.

"The county in Illinois that he passed away in is Peoria...he lived in LaSalle county.
What is the appproxiamte cost to hire a probate attorney?"
*** There are no 'standardized' rates. I would suggest you contact the county bar association and ask them for a low- or no-cost referral. That will usually get you a 30 minute conference for less than $100. You can decide if you want to go further after discussing it.
 

Dandy Don

Senior Member
It doesn't matter what your opinion of the attorney is--he doesn't represent your interests. He is only concerned with representing the stepmother and doesn't really want to provide you with any information about the estate--have you contacted him at all about anything? Get the information from the county courthouse before you decide how to proceed.
 
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Shea79

Guest
Actually the lawyer that I was talking about is the lawyer representing my uncle. He is not representing my stepmother, I have not spoken to her lawyer.
 

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