• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

probate

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

rnbeach

Guest
my mother is terminally ill and expected to die in a few months, my father is dead. i am the named executor. my folks's estate will probably be worth around 550000-650000. there is a will. will the will need to go to probate? what will the cost of probate be? also if and when my mother dies, will i the executor be able to write checks immediately to pay funeral expenses or does the will have to be validated first? if so should my mom sign blank checks in order to pay any immediate expenses after her death? thank-you rnbeach my mom's estate is in illinois.
 


A

advisor10

Guest
JUNE 2, 2001

DEAR MBEACH:

Congratulations on being named an executor. Your mother must have strong confidence in your business sense. You really should go to your local library and check out 2-3 books on being an executor or probate/probating an estate. These books will answer many of the questions you posed, and will have invaluable advice.

The will needs to go to probate as soon as you can do so, preferably within 30 days after the death occurs. No one can estimate how long probate will take, since a lot will depend on how many other hearings are scheduled in your local probate court. Normally, you can expect your first probate hearing to come within 2-3 weeks after you file the will, at which time you will receive the legal papers officially authorizing you to act as executor, at which time you can pay bills and claim assets.

It is not wise for your mother to sign blank checks to pay immediate expenses after death. Instead, have her pay you a certain amount in advance (a few thousand dollars or more) to take care of these funeral expenses and other debts that she wants to be taken care of immediately after her death.

You should also consider hiring the services of a probate attorney (at the time of death) who can also give you valuable advice about what to do, and how/when to pay taxes, and other important matters. You will be able to collect a fee for serving as executor, unless you want the attorney to do everything for you.

SINCERELY,

[email protected]

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top