Legal Question in Wills and Trusts in Illinois
who's to say, if, an executor of an estate, will actually distribute items in an estate/will, the way the owner of the estate/will , actually had wanted them distributed? This owner of the estate/will, is dead.
2 Answers from Attorneys
Who's to say? The beneficiaries, the executor, claiming creditors, and if appropriate, the court.
The executor has duties to act in accordance with the will and any interested party has the right (heir, legatee, claimant) to enforce the obligations of the executor. Acting wrongfully can result in liability for the executor. If there is any concern, the more immediate the action by the interested parties, the better. Even though there are obligations to act properly, once opportunities are lost it may be difficult to recoup assets or otherwise set things right. If there is a concern, then supervised administration should be requested instead of independent administration. The interested parties should seek counsel.