Legal Question in Wills and Trusts in Illinois
executors of will
My brother is executor of our mother's will; I am executor if he is unable or unwilling. He is not performing duties and will not communicate to siblings. When and how can I take over? The will was made in Illinois and death occurred 5 mo. ago while a Montana resident. Will states that, after 6 months, anything undecided is left to the discretion of the executor. I think that's why my brother is stalling.
1 Answer from Attorneys
Re: executors of will
If your brother is not fulfilling his duties as executor, you can get a court order taking away his authority and appointing you. If the death occurred while the deceased was a Montana resident, you will probably have to start in Montana courts.
Please feel free to give us a call if you want to talk.
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