Legal Question in Wills and Trusts in Illinois
Executive Director of my Father's Will
My father passed away 12/2006 and in his will my oldest brother was named the executor. His primary house in Chicago. My father's will stated that his estate would be divided equally amonst his four sons. My brother has had no sucess selling my dad's house for several reasons; ecomony, his wife is the listing Realtor agent even though they live 80 miles away and most importantly in April 2008 they excepted an offer from a potential buyer who has previously filed for bankruptcy and has terrible credit. They changed the listing on my dad's house to contract pending which really takes the house off the market to other interested buyers. It is now almost September and my brother and his Realtor wife are still waiting and hoping that the potential buyer will come through with a loan approval.
Question is, how do I challenge my brother's compentence as the executor of the will? We have gone through two summer buying seasons with out much of a chance of getting my dad's estate finished.
Gary
3 Answers from Attorneys
Re: Executive Director of my Father's Will
This sounds like the estate is pending in Illinois. If so, the answer to your question would depend on Illinois law.
Re: Executive Director of my Father's Will
An heir can always challange the competence of an executor. It isn't easy, and it can be expensive. However, I think that the fact that the wife of the executor is the listing agent is a conflict of interest. If this probate is in Cook County, please call me.
Re: Executive Director of my Father's Will
You have the legal right to challenge your brother's executorship and it will certainly involve a process. If convenient for you I am located on the North Side of Chicago and am more than happy to assist.
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