Father deceased befor receiving his workers comp settled claim

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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

Answers:

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

Answered 7 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.


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