JULY 14, 2001
DEAR JAMES:
If you know the city and state where your parent died, then contact the county courthouse for that city and ask them to check to see if a will has been filed yet. If it has, then you would be able to get a copy of the will and any other probate papers in the file, since it is public record.
If no papers have been filed regarding the estate, then you need to be the one to file to be personal administrator, so you can be in charge of claiming your mother's assets and getting control of the title to her home.
There should be accounting related papers in the file showing how much money and property was there and how the estate was distributed. Don't automatically assume that you will be receiving anything, since there may not have been enough money and property in the estate to divide after estate expenses (debts, funeral expenses and taxes) were paid.
If the executor of the estate was honest and knew that you were entitled to receive anything, they should have contacted you by now if you were going to receive anything (if they knew your address and/or phone number). You also need to find out from the county courthouse if they require that executors in Illinois are required to be bonded. If they are, then if it is later discovered that you should have received a portion of the estate and that it was stolen from you, you can file a claim with the bond insurance company.
Of course, if the estate is still open now, then you may have to wait awhile for the executor to finish processing the estate.
SINCERELY,
[email protected]
