Legal Question in Wills and Trusts in Illinois

All coercion theories aside. Our nearly 80 year old mother removed her children from executor/POA status 3 months before she died. (just over a year ago) Naming her niece. Now said niece is asking for money from the surviving children. If she keeps asking is there a basis for harassment? We feel, she accepted the responsibility... it's her problem. If she didn't sell things for correct amounts we are not responsible. She took that on when she accepted and mom took that responsibility away from us when she had the will changed. We have also asked for a itemized list of what was sold and for how much.. she has yet to produce this. i have two minor children which are supposed to have a trust (if any) and she has control over that too. Although, I have asked, I do not know the status of that either. We are tired of her woe-is-me story. What can we do to stop this?


Asked on 5/09/14, 5:23 pm

2 Answers from Attorneys
Stephen Messutta

This is WAY too complicated for this forum. IF the niece did take over as "executor" there must be a will, which should have been filed in court, and it sounds like there should be a probate case opened. POA expired when your mother passed away. If niece screwed up estate, she could be liable. See a probate attorney and see if a probate case was opened or should be.

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Answered on 5/09/14, 6:30 pm
Henry Repay Law Offices of Henry Repay

Agree perfectly with Attorney Messutta. The niece could have refused the appointment, but having taken it on she assumed duties to all the beneficiaries. You have interests that can be protected, but you are going to lose out if you let time pass without getting an attorney involved. In most of these cases, collecting from the person who performed negligently or wrongfully is difficult unless that person has substantial assets. Hopefully, there are estate funds or assets that an attorney can rely on for payment down the road, but likely you will need to pay something to start.

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Answered on 5/10/14, 7:33 am


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