Father deceased befor receiving his workers comp settled claim

Workers comp settled for an amount, but my father died before receiving the funds. His attorney said I need a probate attorney.His claim is in Illinois and he died in Arizona. Which state do I need to hire a probate attorney in?

Asked on September 21, 2017 under Estate Planning, Arizona


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

Answered 3 years ago | Contributor

I am so sorry for your loss.  You would open the estate in the state in which your Father was legally domiciled at the time of his death.  So if he was a resident of Arizona then open the Probate there.  The laws in Illinois may require an ancillary proceeding there to receive the Comp funds.  His attorney there will know.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.