Legal Question in Real Estate Law in Illinois

split assets from an estate in Illinois
My wife is having trouble getting her assets left to her by her fathers estate. Both her and the mother are excecuters of the estate and all was to be split equal according to the last will at death. All assets have been liquidted to cash and is in a money market account and a substantial amount in a checking account in both there names in which she has gotten nothing from. We live in another state and wife is too sick to travel and her attorney has not returned any phone calls for two months. Is it possible for her to have the banks issue monies to her in our state without her attornys permission or can she give me power of attorney to travel and withdraw a specific amount and her business. The problem is that the mother is in her 80s and cant and wont always get around and is unable to move out of the home that was supposed to be sold and profits split, she refuses to vacate which we want her to be able to stay. What can we do? She will not buy her out or sign over to her at death either? Help!!!

Asked on 9/11/08, 1:29 pm

2 Answers from Attorneys

Adam S. Tracy Securities Compliance Group Ltd

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Re: split assets from an estate in Illinois

I am sorry to hear about your predicament. If I am understanding you correctly, there is cash in an estate which, according to a will, 50% should be granted to your wife. Do you know if the probate estate has been opened? closed?

The money is an account, but, apparently, the account is not in your wife's name. Rather, it is in the name of the deceased father or estate's name? Apologies for all the questions, I just want to make sure I have all the facts.

I believe your first step is to determine what the status of the estate is. Depending on the status, you would like need letters of office or other documentation that would be sufficient to cause the bank to release the funds. An attorney can actually cause the funds transfer for you.

Please feel free to contact me directly so I may answer your questions in greater detail.

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Answered on 9/11/08, 1:36 pm

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