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Asked in IL May 19, 2022 ,  0 answers Visitors: 3
My friend passed away and doesnt have any next of kin. I was taking care of him and I was on his bank accounts. However, a week before he died he took me off. Can I go to the bank with a Small Estates Affidavit to claim his account? It is only $50,000.
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4 Answers

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
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Posted on / May 29, 2013 17:44:00

Your friend's estate would pass according to his will if he had one. Assuming he did not, it would pass to his heirs and the search for an heir is far-reaching. It would be rare that heirs cannot be found.

There are some possible claims that have been mentioned in earlier answers. What I would add, for consideration, is whether you have any understanding why the accounts were changed. Is there any argument that he no longer understood what he was doing or that someone else was involved who influenced him unduly? While these are arguments that are usually applied to last minute changes to a will or trust, I expect the arguments can be made if they apply in these circumstances.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree
Reply

Posted on / May 29, 2013 17:44:00

Your friend's estate would pass according to his will if he had one. Assuming he did not, it would pass to his heirs and the search for an heir is far-reaching. It would be rare that heirs cannot be found.

There are some possible claims that have been mentioned in earlier answers. What I would add, for consideration, is whether you have any understanding why the accounts were changed. Is there any argument that he no longer understood what he was doing or that someone else was involved who influenced him unduly? While these are arguments that are usually applied to last minute changes to a will or trust, I expect the arguments can be made if they apply in these circumstances.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree
Reply

Posted on / May 29, 2013 17:44:00

Your friend's estate would pass according to his will if he had one. Assuming he did not, it would pass to his heirs and the search for an heir is far-reaching. It would be rare that heirs cannot be found.

There are some possible claims that have been mentioned in earlier answers. What I would add, for consideration, is whether you have any understanding why the accounts were changed. Is there any argument that he no longer understood what he was doing or that someone else was involved who influenced him unduly? While these are arguments that are usually applied to last minute changes to a will or trust, I expect the arguments can be made if they apply in these circumstances.

Henry Repay
Henry Repay ( Ask a Question )
4
Belvidere, Illinois
Agree
Reply

Posted on / May 29, 2013 17:44:00

Your friend's estate would pass according to his will if he had one. Assuming he did not, it would pass to his heirs and the search for an heir is far-reaching. It would be rare that heirs cannot be found.

There are some possible claims that have been mentioned in earlier answers. What I would add, for consideration, is whether you have any understanding why the accounts were changed. Is there any argument that he no longer understood what he was doing or that someone else was involved who influenced him unduly? While these are arguments that are usually applied to last minute changes to a will or trust, I expect the arguments can be made if they apply in these circumstances.

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