What is the name of your state (only U.S. law)? Chicago, Illinois
My father passed away in December 08, prior to that, his mother (my grandmother) passed away in September of 08 also. She had a Living Trust and Will ready years ago and in that Living Trust and Will, all of her assets were to be split between her two children: my father and my aunt (his sister)
My grandmother had an Annuity that was to be split in the event of her death between her two children. My father's portion was on the way to him and didn't make it in time, he died before it could be signed.
Our attorney first suggested a Small Estate Claims Affidavit because technically, other than this check, the only other tangible property owned was a camper and truck. (He was still making payments on the camper at the time of death) My grandmother has a home, in which my mother and I currently reside in, my aunt has no issue with us staying in this house. My father was pretty much responsible for our living expenses although my parents had been separated for years but still legally married just not living in the same home. When our attorney got wind that my Dad in accordance to my Grandmother's will was to receive the house in the event of her death, he said that we'd have to go to Probate because my father did make a will, but he never signed it. So we finally went into probate June 2009.
First issue at hand: My father's portion of my grandmother's annuity check.
We were told that since my father didn't have a will, this annuity check had to be used to open up the estate. My lawyer took my father's original check and went to the bank with me and instructed me to sign the check and open the estate account with the original check with my dad's name on it. (I was hesitant to do this because the annuity company said that they'd have to issue a new check with my name on it since I was being appointed administrator, but my lawyer said that this was a normal process and I believed it to be so, because the bank accepted it) At the present time, my Uncle (my aunt's husband) fronted the money for my dad's funeral expenses as my father didn't have any life insurance or 401k. At that time several bills were paid promptly: My father's funeral expenses to reimburse my uncle, and the usual small credit, medical bills and paid off the camper. He ran the notice in the paper in accordance with probate law and obtained all the letters of office naming me administrator of my father's estate and charged us amounts for insuring the estate and the cost to file the probate papers through the court.
My Grandmother had the house set up with a land trust company which has now equally split the house in thirds. 1/3 to me, 1/3 to my mother and 1/3 to his sister in accordance of Illinois state law. In July of 2008 we were able to renew the house's insurance policy using the money from the estate. We were also allowed to do major underbody repairs to my father's truck because it needed work. We also insured the camper and the truck with the homeowner's insurance. However, we were told later by his assistant when approached not allowed to pay the house's property taxes. My father was on state public aid throughout the duration of his illness to receive cancer treatment. He was also on SSI Disability and collected less than 15,000.00 in 2008 as his source of income because he was unable to work since 2007 when he suffered a stroke. As for our living arrangements, my grandmother was assisting him in paying our rent and some utilities.
Everything seemed to be running smoothly until November 2009, 13 days before the estate was about to close, DHS (in Illinois) filed a HUGE claim against the estate. So huge that not only if ruling called in their favor would it exhaust the estate, the bill would not be satisfied. Furthermore, our attorney in the beginning of this probate when we asked him about my father's final taxes he told us: "I have an accountant I use to help you with that, we won't worry about that until the estate is about to close." I asked about penalties, he said don't be bothered it will be fine. He also gave us permission to use the truck as it was just there, that we should feel free to use it at any time.
This is where things get really confusing:
In October, we learned that our attorney was battling cancer also. So every time we'd call inquiring about the progress of the estate we were forced to speak to his very rude and demeaning assistant who seems to think she knows everything even though she does not have a law degree. For the past several months we've been dealing predominantly through her. Recently we've been passed onto one of his associates and my mother or myself do NOT feel comfortable with this man handling our case. He seems off, something about him just doesn't seem right.
His assistant sends me a letter stating that we aren't allowed to drive or operate either the camper or truck because of the public aid dispute. Our lawyer's associate went to court in January (7th I believe) to handle the beginning of the proceedings, we were told we didn't have to attend. They were very pushy in that regard. They said it would be 'a waste of time.' So we didn't go, trying to have faith in this new attorney.
Then I receive a phone call asking me to come into the office to sign off on a small stock option that my father had with his company, so it could be liquidated into the estate. At that time, his assistant informs us WE need to file my father's final taxes because they were unable to determine the principle amount value of my grandmother's annuity. She said that the annuity company refused to give out any information regarding my grandmother's account due to the privacy act. She then informed us that if we could not find the principal amount, IRS could basically take whatever they wanted out of the estate to satisfy the final tax, so the proceedings with public aid were halted until we filed.
She said we, so I assumed my mother and myself or either of us. I had fallen ill the following week, so my mother decided to go file his final taxes with their accountant that they have both been using for years. She instructed my mother to claim the final tax as his surviving spouse, she also was able to obtain all the information regarding the principal amount of the annuity under an hour. My mom signed off on it and mailed it. She calls the attorney's office when she arrived home and his assistant went off on her yelling saying that it was my place as administrator to file his final taxes not my mom and we'd have to have it amended. I refused because she did not specify who had to have it done. We were promised assistance through our attorney for this.
I went into the office to deliver copies of the final taxes from my father and to get information on the dispute with public aid the next day. Got talked down to some more and had to sit and listen to his assistant demeaning my parent's accountant and making snide remarks that the "IRS won't accept this and they will ask questions and refuse the tax return." she reimbursed my mother the 150.00 to file. (My attorney's office has all the checks associated with the estate, I have nothing but copies of everything that has been paid thus far. I was instructed to sign 10 checks when the estate was opened so debtors can be paid 'immediately' and was assured it was 'normal procedure.')
Last week I receive a letter in the mail demanding that I sell the truck and the camper asap to satisfy the estate. It was a simple letter from my lawyer's office, his name, his assistants signature. There are no court documents associated with this letter demanding such thing take place as I was under impression there was nothing scheduled with public aid and the court until March. My mother receives a letter as well except there's a little difference.
My mom was eligible for a spousal award (widows award) from the estate, his assistant is telling my mother that since she filed my father's 08 final taxes, that makes her ineligible for receiving the spousal award, furthermore, there is a difference in money with the tax refund by a few thousand dollars, she is supposed to turn around and put the overage back into the estate.
So here are my questions:
1. Can I fire my lawyer even if we have a signed contract? He promised to represent us and he's not so I consider that breach of contract.
2. If I fire my lawyer, can I represent this estate matter alone?
3. Can I sell the truck at a very low reduced amount if I get a ruling to liquidate his assets and should I wait until I get a ruling to do so?
4. We were told we had to go into probate because of my father's portion he owed regarding the home, yet estate refuses to pay property taxes on same said house but paid homeowner's insurance?
5. Does my mom really lose spousal award benefits because she filed my father's final taxes and does she have to put whatever's left back into the estate? (Basically using his final tax return as her spousal award)
6. I find it very fishy public aid staked a claim against the estate 13 days before the estate was supposed to close, any suggestions as to why it took so long?
7. Can an estate/probate be opened with an original check issued to the deceased and someone else (administrator) sign their name to it?
In my Grandmother's will, it states that her heirs receive everything 50/50 (except in regards of the home) and in the event one dies, it automatically gets passed over to next of kin (which would be me as I have no brothers or sisters) my attorney viewed the original will and said it wasn't applicable because my father didn't have a will. Wouldn't the trust/will of my grandmother supercede that?
I'm really upset and we are all confused to the point where it's making me physically ill with stress. Please advise thank you for your time, whoever responds
My father passed away in December 08, prior to that, his mother (my grandmother) passed away in September of 08 also. She had a Living Trust and Will ready years ago and in that Living Trust and Will, all of her assets were to be split between her two children: my father and my aunt (his sister)
My grandmother had an Annuity that was to be split in the event of her death between her two children. My father's portion was on the way to him and didn't make it in time, he died before it could be signed.
Our attorney first suggested a Small Estate Claims Affidavit because technically, other than this check, the only other tangible property owned was a camper and truck. (He was still making payments on the camper at the time of death) My grandmother has a home, in which my mother and I currently reside in, my aunt has no issue with us staying in this house. My father was pretty much responsible for our living expenses although my parents had been separated for years but still legally married just not living in the same home. When our attorney got wind that my Dad in accordance to my Grandmother's will was to receive the house in the event of her death, he said that we'd have to go to Probate because my father did make a will, but he never signed it. So we finally went into probate June 2009.
First issue at hand: My father's portion of my grandmother's annuity check.
We were told that since my father didn't have a will, this annuity check had to be used to open up the estate. My lawyer took my father's original check and went to the bank with me and instructed me to sign the check and open the estate account with the original check with my dad's name on it. (I was hesitant to do this because the annuity company said that they'd have to issue a new check with my name on it since I was being appointed administrator, but my lawyer said that this was a normal process and I believed it to be so, because the bank accepted it) At the present time, my Uncle (my aunt's husband) fronted the money for my dad's funeral expenses as my father didn't have any life insurance or 401k. At that time several bills were paid promptly: My father's funeral expenses to reimburse my uncle, and the usual small credit, medical bills and paid off the camper. He ran the notice in the paper in accordance with probate law and obtained all the letters of office naming me administrator of my father's estate and charged us amounts for insuring the estate and the cost to file the probate papers through the court.
My Grandmother had the house set up with a land trust company which has now equally split the house in thirds. 1/3 to me, 1/3 to my mother and 1/3 to his sister in accordance of Illinois state law. In July of 2008 we were able to renew the house's insurance policy using the money from the estate. We were also allowed to do major underbody repairs to my father's truck because it needed work. We also insured the camper and the truck with the homeowner's insurance. However, we were told later by his assistant when approached not allowed to pay the house's property taxes. My father was on state public aid throughout the duration of his illness to receive cancer treatment. He was also on SSI Disability and collected less than 15,000.00 in 2008 as his source of income because he was unable to work since 2007 when he suffered a stroke. As for our living arrangements, my grandmother was assisting him in paying our rent and some utilities.
Everything seemed to be running smoothly until November 2009, 13 days before the estate was about to close, DHS (in Illinois) filed a HUGE claim against the estate. So huge that not only if ruling called in their favor would it exhaust the estate, the bill would not be satisfied. Furthermore, our attorney in the beginning of this probate when we asked him about my father's final taxes he told us: "I have an accountant I use to help you with that, we won't worry about that until the estate is about to close." I asked about penalties, he said don't be bothered it will be fine. He also gave us permission to use the truck as it was just there, that we should feel free to use it at any time.
This is where things get really confusing:
In October, we learned that our attorney was battling cancer also. So every time we'd call inquiring about the progress of the estate we were forced to speak to his very rude and demeaning assistant who seems to think she knows everything even though she does not have a law degree. For the past several months we've been dealing predominantly through her. Recently we've been passed onto one of his associates and my mother or myself do NOT feel comfortable with this man handling our case. He seems off, something about him just doesn't seem right.
His assistant sends me a letter stating that we aren't allowed to drive or operate either the camper or truck because of the public aid dispute. Our lawyer's associate went to court in January (7th I believe) to handle the beginning of the proceedings, we were told we didn't have to attend. They were very pushy in that regard. They said it would be 'a waste of time.' So we didn't go, trying to have faith in this new attorney.
Then I receive a phone call asking me to come into the office to sign off on a small stock option that my father had with his company, so it could be liquidated into the estate. At that time, his assistant informs us WE need to file my father's final taxes because they were unable to determine the principle amount value of my grandmother's annuity. She said that the annuity company refused to give out any information regarding my grandmother's account due to the privacy act. She then informed us that if we could not find the principal amount, IRS could basically take whatever they wanted out of the estate to satisfy the final tax, so the proceedings with public aid were halted until we filed.
She said we, so I assumed my mother and myself or either of us. I had fallen ill the following week, so my mother decided to go file his final taxes with their accountant that they have both been using for years. She instructed my mother to claim the final tax as his surviving spouse, she also was able to obtain all the information regarding the principal amount of the annuity under an hour. My mom signed off on it and mailed it. She calls the attorney's office when she arrived home and his assistant went off on her yelling saying that it was my place as administrator to file his final taxes not my mom and we'd have to have it amended. I refused because she did not specify who had to have it done. We were promised assistance through our attorney for this.
I went into the office to deliver copies of the final taxes from my father and to get information on the dispute with public aid the next day. Got talked down to some more and had to sit and listen to his assistant demeaning my parent's accountant and making snide remarks that the "IRS won't accept this and they will ask questions and refuse the tax return." she reimbursed my mother the 150.00 to file. (My attorney's office has all the checks associated with the estate, I have nothing but copies of everything that has been paid thus far. I was instructed to sign 10 checks when the estate was opened so debtors can be paid 'immediately' and was assured it was 'normal procedure.')
Last week I receive a letter in the mail demanding that I sell the truck and the camper asap to satisfy the estate. It was a simple letter from my lawyer's office, his name, his assistants signature. There are no court documents associated with this letter demanding such thing take place as I was under impression there was nothing scheduled with public aid and the court until March. My mother receives a letter as well except there's a little difference.
My mom was eligible for a spousal award (widows award) from the estate, his assistant is telling my mother that since she filed my father's 08 final taxes, that makes her ineligible for receiving the spousal award, furthermore, there is a difference in money with the tax refund by a few thousand dollars, she is supposed to turn around and put the overage back into the estate.
So here are my questions:
1. Can I fire my lawyer even if we have a signed contract? He promised to represent us and he's not so I consider that breach of contract.
2. If I fire my lawyer, can I represent this estate matter alone?
3. Can I sell the truck at a very low reduced amount if I get a ruling to liquidate his assets and should I wait until I get a ruling to do so?
4. We were told we had to go into probate because of my father's portion he owed regarding the home, yet estate refuses to pay property taxes on same said house but paid homeowner's insurance?
5. Does my mom really lose spousal award benefits because she filed my father's final taxes and does she have to put whatever's left back into the estate? (Basically using his final tax return as her spousal award)
6. I find it very fishy public aid staked a claim against the estate 13 days before the estate was supposed to close, any suggestions as to why it took so long?
7. Can an estate/probate be opened with an original check issued to the deceased and someone else (administrator) sign their name to it?
In my Grandmother's will, it states that her heirs receive everything 50/50 (except in regards of the home) and in the event one dies, it automatically gets passed over to next of kin (which would be me as I have no brothers or sisters) my attorney viewed the original will and said it wasn't applicable because my father didn't have a will. Wouldn't the trust/will of my grandmother supercede that?
I'm really upset and we are all confused to the point where it's making me physically ill with stress. Please advise thank you for your time, whoever responds
