Legal Question in Wills and Trusts in Illinois

Estate Settlement

My wife's brother( he is an attorney) was been named executer of her parents will. IT's been five years and he has never closed the will nor given any update. He is also executer of her uncles will. He spit up several C D'S and kept $6000 extra for himself. He recently sold the house and held an extra $20,000 for himself. He has never given her any accountability or listing of total assets. He also stated that he is keeping $10,000 for his services even though he has hired an attorney for help. What recourse do we have?


Asked on 5/12/03, 8:52 am

2 Answers from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: Estate Settlement

you should hire a lawyer who can then file a motion and go before the probate court judge and ask for an accounting. You can try it yourself but it will difficult and very time consuming.

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Answered on 5/12/03, 10:03 am
Jay Goldenberg Jay S. Goldenberg

Re: Estate Settlement

There are multiple violations here for which you do have recourse -- delays, mishandling, failure to account.

You can move for an order for an accounting in both cases, then object to his accounting and ask the court ro rule and order distribution. This is a process that can take months.

You need an attorney to do this for you.

If you would like to discuss this further, drop me a line or phone me at 312-346-7899

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Answered on 5/12/03, 10:28 am


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