Tuesday, December 4, 2012

More Swearing For Probate

As we explained earlier, Jack’s Petition to the court to become executor of his mother’s Will required the names and information about certain of her relatives, her legal heirs. 

The probate judge is probably not personally familiar with Jack’s family and his mother’s history.  Yet the law requires that notice be sent to all of his mom’s legal heirs.  To assure that all ‘interested’ people know about the Will, the court procedures require Jack to swear yet again. 

This time he swears under oath to information about his family tree.  Jack’s mom was a widow with two children, Jack and Tammy.  In his Affidavit of Heirship document, Jack has to give enough genealogy in the court document to show that his list of relatives include the legal heirs. 

Why?  Because, roughly speaking, legal heirs are his mother’s nearest kin.  Illinois law says that if his mom died without any Will, they are the ones who would inherit from her probate property. 

Jack’s mom’s Will disinherits Tammy, leaving her nothing at all.  Of course, his mom could (and did) make that decision. 

But his sister might suspect his mother was tricked by Jack into signing that Will.  So she is likely very interested in the Will and the probate.  She needs to know about it as soon as it is underway, so if she can prove Jack’s supposed trickery, she can challenge the Will before all the property is gone.

For help with probate procedures or to plan your estate to avoid probate, call our office at (815) 436-1996 for an appointment.  ©2012 Gruber Law Office, Ltd.


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