My uncle live and died in Dupage County, IL. He never married or had children, and if he left a will we haven’t found it yet. At this point it looks like I will be the executor. (Yes, I understand that I have to notify all the other interesed parties and offer them the opportunity to contest this or put their names up for the same role. I don’t expect any opposition – 2 of 3 have already asked me to do it, and the 3rd is an 85 year old woman who lives in Ireland.) I live in Madison, WI.
I’ve already done some research and found that I have to appoint or hire a representative living in Il (which ain’t going to happen, as my family there only wants to collect the money but not do any work). OR, I have to hire a lawyer based in Illinois, or licenced in Illinois and having at least one office in IL.
But I have one specific question that I need answered quickly, that my research hasn’t answered so far. Is there any leagal rule or reason why the estate papers need to be filed in Dupage County Circuit Court, where he lived and died?
If we can file the necessary papers in any circuit court in the state, I will probably shop for a lawyer in Rockford, which is the nearest reasonable sized city across the border. Handling the estate there will cut my travel time in half every time I have to show up to the lawyer’s office or the court.
If the legal proceedings have to be processed in DuPage, then my guess is that I will be better off hiring a lawyer in that jurisdiction, and biting the bullet on longer drives when I have to show up in person.
IANAL, not providing legal advice. However, when each of my parents died, all legal papers had to be filed in the county they had resided in. It would probably be easy enough to make a call to the county clerk’s office (or whatever they call a similar entity in Illinois) and ask that question. They’d have no motive to mislead you.
I know nothing about Illinois law, but I expect that you’ll have to file for probate in the county that the decedent resided. I would suggest that it is usually a good idea to get a lawyer who practices in the county in which you will file, both because it is easier and cheaper for him or her to get to court and because he or she will know the local procedures and court personnel, which can at times be a significant advantage.
In an uncontested probate matter, it is likely that you will need to appear in court extremely rarely, if you have to appear at all. Most likely you will be able to handle all of the paperwork through phone/fax/e-mail/mail/FedEx with your lawyer.
I AM kinda broken up about the fact that I’m stuck with the cleanup. My cousin, who lives maybe 2 miles from the uncle, bailed out. He figured out that he personally won’t inherit anything, because his dad (the dead uncle’s brother) is still alive, so no money will trickle down to him unless and until his dad dies.
But I’m in line for an inheritance, that is, unless we find a will. My dad would get 1/4 of the estate if he were still alive, but since he died some years ago my 2 sister and me will split up his share.
If we do find a will, then there’s a good chance none of us will inherit anything, as our uncle was pretty much divorced from his entire family.
Thanks for this suggestion. My first call tomorrow morning will be to the clerk of the circuit court in Dupage, who shouldn’t have any reason to give me a deceptive answer.
If you decide to hire a local lawyer, send me a PM. I live in DuPage and can give you a couple of names. Or you could probably do as well calling the local bar association or throwing darts at a phone book.
And as far as being stuck with cleaning things up, look into what expenses can be charged to the estate. (Definitely NOT my area of expertise.)
