Do I have to file my mother’s Will if there are no assests?

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Do I have to file my mother’s Will if there are no assests?

There is $1600 in a joint checking account with my mother and me on the account. Other than that, she was on medicaid and living in a nursing home at the time of her death.

Asked on December 16, 2014 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, there is no requirement to probate a Will unless it is on file with the Probate Court prior to death.  I would double check on the joint account and specifically where the funds came from to begin with, but there as a joint account it passed to you on death.  Good luck.


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