Legal Question in Wills and Trusts in Illinois

Are you sure that the buyer did not receive a credit for unpaid taxes? More than likely the buyer was given a credit on the RESPA for the unpaid taxes. Four months ago the tax bill for the second installment of 2012 taxes would not have been out. If a TI was set up then the taxes would be paid automatically by the Title Company and any difference between what was in the TI and the actual tax bill amount would be paid by the buyer at the time the taxes were due. If you have any doubts, as to whether a credit was given or a TI set up, look at your copy of the RESPA or call your Attorney and ask him/her.

Have you checked with your attorney to confirm that the new homeowner is correct? What you describe is one way of handling things, but not the most customary. Usually, prorations are made at closing and are final. If the funds were to be escrowed, are you certain that they are not on deposit with the title company or one of the attorneys. Otherwise, I would say that, yes, the heirs should put up their respective portions. You might ask for a refund or credit on the legal fees, but in my view the attorney did much more for that closing and this error that just requires you to pay what you would have at the time is not enough an issue to warrant his or her losing all compensation for services. He or she should help correct the matter, however, without billing more fees.