An Illinois Petition to Settle Cause of action — Minor's Estate is a legal document filed with the court by an interested party, such as a guardian, parent, or other adult, to settle a minor's estate. This petition is used to determine the distribution of the minor's estate and to appoint a guardian for any minor children. The petition is typically filed with the court in the county or state where the minor resides. The court will review the petition and determine the appropriate distribution and guardianship of the minor's estate. There are two types of Illinois Petition to Settle Cause of action — Minor's Estate: 1) an estate settlement petition that seeks to settle the estate without the appointment of a guardian, and 2) an estate settlement with guardian petition that seeks to appoint a guardian for the minor's estate.
Illinois Petition to Settle Cause of action - Minor's Estate
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FAQ
A Petition for Rule to Show Cause may be used by a person who says that another person has not followed a court order or judgment. The person who files the petition is called the petitioner; The other person is called the respondent. The petition will: Say which order or judgment has not been followed, and.
Letters of office. Letters of office, which are certified proof of the guardian's appointment, are usually issued by the Probate clerk within a day or two of the appointment and are mailed to the petitioner's attorney or to the appointed guardian.
A petition for rule to show cause is a legal procedure in which one person, the petitioner, says that another person, the respondent, has not followed a court order or judgment. The petition is a document detailing which order or judgment was not followed and details of how the judgment or order was violated.
INITIATING THE LEGAL PROCESS. Guardianship is a court-created responsibility. In order for a guardian to be appointed, a petition must be filed in the court by an "interested person". The petition includes basic information, such as the name, date of birth and address of the person alleged to be in need of guardianship
In Illinois, the Power of Attorney supercedes the guardianship. In fact, the Probate Court has no authority to appoint a guardian to make any decision which has been delegated to an agent under a duly-executed Power of Attorney.
If the decedent dies without a Will, a Petition for Letters of Administration is filed. In this Petition a close family member or friend asks the court's permission to serve as the Administrator of the estate. The court will generally appoint this person as the estate's Administrator.
Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court.