Question

  12/12/12, 5:05 pm
I received a court order to remove a certain amount of funds from my daughter estate and she has 2 accounts can I get in trouble to withdraw from both of the accounts
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United States   |   Illinois  |  Probate Trusts Wills & Estates
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Answer

James Siebert Says:

Jan 18,2013 9:19 AM

Unfortunately you do not supply sufficient information to answer your question. Why does your daughter's estate have two accounts? It makes a difference if one account is in probate and another is outside of probate because it was held in joint tenancy or had a transfer on death clause. It also could make a difference even if both accounts are in probate, but one account was specifically bequeathed while the other is part of the residual estate. It also depends upon why the Court ordered a transfer. If it is an order to pay a claim against the estate, you must make a determination whether the Will provides for an equal or unequal payment of costs of the estate between the various bequests. It is not uncommon to have claims and expenses of the estate paid from the residual; estate without those receiving specific bequests having to contribute. . The easiest solution is to consult with the Attorney representing you, and if you do not have one you can always Petition the Court for clarification of the Court's order. Good Luck.

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James Siebert
Law Office of James C. Siebert & Associates
3325 N. Arlington Heights Rd,Arlington Heights, IL 60004
847-253-7500
http://www.jcslaw.com

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