Is a claim against this estate worth pursuing

[ericgkarl]

What is the name of your state? I live in Tennessee, the estate was handled in Illinois where my great aunt died intestate. I just received a letter from an attorney, along with my 8 brothers and sisters that we may be eligible for a portion of the inheritance of our great aunt if we are able to prove heirship and claim to the estate. This great aunt was predeceased by her parents, her spouse, her children and her siblings. We are the only known living relatives. The estate is quite small, $7400 is what was deposited with the Lake County Treasurer's Office for Unknown Heirs. Is this worth pursuing? Will legal fees etc eat up the remainder of this money and make it more of a headache than it's worth? Thank you.

 

[Dandy Don]

Yes, it would be worth pursuing.

Has this attorney asked you to provide specific documents (birth certificate, a photocopy of any correspondence that the decedent may have had with you to indicate that you 2 were related)? If you are willing to pay for a certified copy of your birth certificate (that would show your parent's names), then that is probably all you are going to be asked for.

Executor fees in Illinois are legally described as being "reasonable compensation" which is basically a loophole that allows them to charge whatever they want. You need to be asking this attorney what his fee is going to be (or contact another Illinois probate attorney to find out how much normal executor fee rate is) and also asking him what other deductions are going to be made from this amount (perhaps state or federal taxes), or for him to give you some idea of what each of you 8 siblings will be receiving (of course it will be a rough estimate).

Also ask him whether he thinks it is a good idea for you all to hire the services of a professionally certified genealogist that could compile a family history chart that would show the relationship with the decedent, or whether this is something that the heirs could do by themselves.

My way of looking at it is that anything you get will be better than nothing at all.

DANDY DON IN OKLAHOMA ([email protected])