Legal Question in Wills and Trusts in Illinois
i am an executor of a will and i am being hasseled by my sisters. My father gave me fifull power of attorney and told me what he wanted done. B4 my father even died from luekemia my sisters were calling for a copy of the will, Now they are taking me to court for discovery and remedy? is this harrassment?
2 Answers from Attorneys
It might just be terminology, but a power of attorney no longer applies after your father's death. The original Will should be filed with the court and becomes public record. You don't have any powers as executor until you petition the court for probate and are appointed executor by the court.
I'm not exactly clear as to what they're taking you to court over, but as executor you're entitled to hire an attorney to represent you and assist you in administering the estate. If you intend to serve as executor, it would be advisable for you to retain counsel.
Your sisters are entitled to a full accounting of your father's assets at the time of his death. Further, they are entitled to know what you did with his assets prior to his death pursuant to the power of attorney. This is not harassment. This is their legal right. They may believe that you used your influence with your father to manipulate him into giving you a greater portion of his Estate prior to his death, sometimes called undue influence. They may also believe that you used the power of attorney to give yourself control over a major portion of his assets and unfairly deprived them of their share of his Estate. If you have done any of these things, you may end up having to defend yourself and end up reimbursing the Estate for any property which you have exerted control over to their detriment. From the sound of your question, you would do the same thing.
Hire a lawyer to defend yourself.
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