Legal Question in Wills and Trusts in Illinois
my aunt is executor of my grandpas will and refuses to put his house on the market. it has been 4 years and I would like to know the legal recourse. The will states that she can only be punished for legal wrong doing and not poor judgement. Also were do I get a copy of the trust, I already have a copy of the will.
2 Answers from Attorneys
If there is an open probate estate, you can bring the issue in front of the probate judge. The executor has a duty to make assets productive and to follow the terms of the Will. If she isn't doing that, she can be held accountable.
It's not clear what trust, or what type of trust, you are referring to. If you are the beneficiary of a trust, the trustee should provide you with information. If you know who the trustee is, you might want to make a demand. Unlike a Will, trusts are generally not filed anywhere and would not be public record.
First, you should know a little more about what Trust is involved, if any. You can get a copy of the deed to the house from the local County recorder. That deed will describe it's owner (which may be your grandfather or may be a Trust). If the owner is your grandfather, then a probate Estate has likely been begun, and you can bring the issue to the presiding Judge. If the owner is a Land Trust, then you need to consult with the bank referenced on the deed to determine who has the "power of direction" on the property. If the owner is any other type of Trust, then you need to make further demands to your aunt directly. Trust disputes can also be resolved before a Court, but you would have to initiate that action.
In any event, I suggest that you enlist the help of an attorney. Reluctant executors have a tendency to stop the nonsense when they get a phone call from a lawyer. Feel free to call me if you'd like to discuss this further. I won't charge for the phone call.