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Archiver > ILHAMILT > 2001-02 > 0982625464


From: PS <>
Subject: Re: [ILHAMILT-L] children/no children; heirs/no heirs
Date: Mon, 19 Feb 2001 15:31:04 -0800
References: <Pine.GSO.3.96.1010219164220.27904G-100000@kate.ucs.indiana.edu>


I also have probate papers from Hamilton Co., IL. After having the very same
questions, I went to a legal historian who informed me that, whether a person
was married or not, at the time of probate, it must be stated that they had no
spouse living to claim the estate. (That ends any future action by another
party to claim the estate.) Also all minor heirs must be listed or disclaimed.

Often, a woman received no fee for being the administrator of an estate, but a
man could collect a fee and was able to take expenses out of the estate as
needed, so many women turned the administration over to another relative and
billed their expenses through them. In many cases, there had to be a reason to
turn the estate over to another relative (other than the inequality in the
law), and having minor heirs in the will provided that reason.

Hope this helps.
Peg Spencer

> Allen never married and had no children. A "typo"?
>
> Rebecca MUNSELL transfered administrator duties
> of her deceased husband's estate (Harry MUNSELL) to the Harry's brother
> Richard, stating the children were minors. Was the reference to
> minor children an error?


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