Legal Question in Wills and Trusts in Illinois
Executor not doing what will states.
My Grandmother died 12 years ago and I just recently received a copy of her will. After reviewing her will I believe her executor (Her son,my uncle) is not following what the will states. Now my question is, can we legally do anything about this?
The portion he isn't following is this: he (uncle) shall annually pay to his sister 1/2 of the net rental income received from, or attributable to, said lands for and during her natural lifetime.
I don't know how much money this is but it should be a significant amount. Does he legally have to prove this? And if he hasn't followed through can his sister recieve backpay or pay from here on?
The other portion of the will that I don't understand is this: My grandmother appointed my uncle as executor but also states this: I have complete confidence in his integrity and trustworthiness, I direct that he serve without the giving of surety upon his bond.
What can I do to help his sister (my mother) recieve what her mother intended on her to receive? Also something to note: My mother was not at the reading of the will. She was never contacted for this reading. We completely trusted my uncle to do the right thing. We are now realizing this shouldn't have been the case.
1 Answer from Attorneys
Re: Executor not doing what will states.
You should have an estate planning or probate attorney review the will for you.
My first question would be whether there ever was a probate estate opened. If so, as a beneficiary, your mother would have standing to reopen the estate to inquire about the rental income that she should have received.
Your answer to your question regarding the surety bond is that a good majority of people who draft a will appointing a relative as executor allow them to act without a surety bond since they are based on the size of the estate and can be costly.
Again, having an attorney review this situation for you would be well-worth the price of a consultation. Only such a person can accurately state what your options are and what should be done at this point.
Good luck to you.
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