Probate

[bjgrannie]

My mother passed away last Mon. after being in a nursing home for 12 years and being on public aid the last 2 years.
We are in Illinois and in order to be on public aid you are allowed only $2000. There are no assets or property of any kind except for a $1000 life insurance policy that has a current death benefit of $2004.31. The bank balance is less than $1800. Funeral expenses are $2168.43. I am her daughter and executor of her estate. I have two brothers, one in Calif., who know there is nothing left. Does this have to go to probate and do I have to use a lawyer? Am I able to access her bank account and pay the funeral home?
It is a joint account in her and my name.

 

[advisor10]

JULY 5, 2001

DEAR BJG:

My condolences on the grief you are presently suffering.

The $1800 in the bank account you should be able to get directly from the bank since you are joint account owner--should be no trouble getting them to issue you a check for the full amount. You may want to use a half or a third of this to pay part of the funeral bill and save the rest to use for temporary expenses (filing the will for probate--if she had a will), and you can pay the rest of the funeral bill when the check for the life insurance comes in.

The life insurance check is not considered a part of the estate and does not have to be reported to the probate court.

Since it is possible your mother did not have a will, you really do need to speak with a local probate attorney on whether or not you have to file for probate. There may be an exception for someone with such a small estate value, and there may be a simplified, less expensive procedure to follow.

SINCERELY,

[email protected]