Legal Question in Wills and Trusts in Illinois
executor
my father died and left my mother executor. if she fails to act he left me, their first born son as executor. he made my mother power of attorney. if she fails to act he made my sister power of attorney. well, my mother is 86 and in a nursning home and cannot handle her affairs. my sister has control of the estate and will not share any of the finanical reports with me. i have seen some checks she is writing and when i question her she tells me i am not executor untill mom dies. is there any way i can leagally make her share receipts with me and a bank statement. thank you so much
1 Answer from Attorneys
Re: executor
Well there are a number of things you can do. Has anyone probated this will? If not, then you can motion to the court to make the custodian of the will present it to the court. If mom doesn't / won't qualify to be the executrix, then you can apply, since you're the alternate. Also, there will have to be an accounting filed with the probate court, assuming the will was filed as an application for letters testamentary.
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