Legal Question in Wills and Trusts in Illinois
My aunt died this year in the State of Illinois and had a will naming her attorney as executor. The atty has gone to probate court to get his independent executor Letter of office. My aunt always mentioned the reading of her will and now it seems there will be no reading and who will monitor this attorney in disposition of assets? Also how does he get paid..is it a flat 1% of the estate? as surviving nieces, what recourse do i have?
1 Answer from Attorneys
"Reading of the will" is Hollywood fiction. However, the Will is public record and you should have a copy of it. The atty/executor has a duty to communicate and provide info to you. Ask for an inventory and accounting. Ask for periodic updates.
He gets paid a reasonable fee. Typically, he would keep track of his time and bill based on that.
Your recourse is first to make your demands known to the executor. If still not satisfied, you can petition any matter up for hearing in front of he probate judge.
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