Legal Question in Wills and Trusts in Illinois

Re: How to access deceased financial records

There are at least two ways to attempt to get the information you seek:

1. Arrange for the deposition of the executor, at which you will be allowed to ask him questions under oath about the assets of the estate.

2. Subpoena the records of the banks at which you father banked during his lifetime and the banks your brother used to handle estate assets.

You may have difficulty conducting these activities on your own, and your brother may lie or not comply. Thus, you should consider hiring me or any lawyer of your choice to help you with these matters.

Larry Stein

(630) 221-1755

Re: How to access deceased financial records

He is not the 'executor' until and unless he (or his attorney) has gone into court and appointed him as such. If your father lived in IL and if the total assets in his sole name exceed $50,000, then a probate estate will need to be opened to transfer those assets under the will. If your brother refuses to do so, you can go into court yourself and ask to be named executor. I usggest you see an attorney ASAP. If you are in the Chicagoland area, feel free to give me a call. Good luck.

Re: How to access deceased financial records

Based on what you described, I would think the

estate is being handled informally. In order to

obtain a higher degree of protection and

accounting, you may seek to move the estate into

formal administration, which affords you the right

to have court hearings where you could make your

position known and also cross examine the personal

representative. You may want to hire an attorney to

represent you in such an undertaking.