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deerhit

Junior Member
What is the name of your state (only U.S. law)? Illinois

My mom passed away and I was poa on her savings account. Bank tells me I need a Letters of Office and death certificate before the can turn over her money. Can you tell me how I get this since the banker couldn't? Thanks.
 


anteater

Senior Member
If her estate is valued at less than $100,000 and she owned no real estate, you may be able to use a small estate affidavit rather than opening probate and obtaining letters.

Do an online search using terms like: Illinois small estate affidavit

I believe that there are forms available online.
 

deerhit

Junior Member
Thanks for the information. She did own a house which will be listed for $75,000 with no mortgage and has $2,000 in a bank account. Household items will be sold at auction for probably less than $5,000. No other assets. I was told by a realtor that the house automatically goes to me as the only child and the title company will allow me to sign as seller. She has no creditors since I paid the funeral home. Do I need a lawyer?
 

anteater

Senior Member
I was told by a realtor that the house automatically goes to me as the only child...
There is a kernel of truth there. If there is no surviving spouse, and you are the only issue, then the intestate succession statutes of Illinois would make you the only heir. And, if there are no creditors, then the property would pass to you. However, unless you were a co-owner with the right of survivorship, it isn't automatic.

...and the title company will allow me to sign as seller.
Well... I don't know about Illinois (especially Cook County, if that is where you are located), but, where I come from, unless you are the owner - meaning, like, having your name on the deed as the owner - or can produce those letters issued by the probate court that show that you are legally authorized to act on behalf of the estate, you are going to have problems. There's nothing like getting to closing and running into a big "Uh oh!".

Ask the realtor where he/she received his/her law degree.

Do a search on: Illinois probate

You can probably get a few 15 - 30 minute consults with probate attorneys without charge.
 

justalayman

Senior Member
. She has no creditors since I paid the funeral home. ?
no creditors means no debts, at all. While this is a bit picky but just trying to make it clear. Surely she had utility bills. Those are creditors. Anybody she owed anything to is a creditor and has a claim to her assets.
 

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