Legal Question in Wills and Trusts in Illinois
My father passed away in Sept of 2013. He had a Will. My sister was named Executor. My sister and I do not talk. We did meet with the lawyer that did my father will. After not being able to get into my fathers house to go through/split belongings as what was in the will I called the lawyer and he was of no help and would not respond to me. My sister was living in my fathers house at the time and still is. I received a summons notice she had stopped paying the mortgage back in June 2014 and is in foreclosure. Back in January of 2014 I was receiving calls from my fathers mortgage company of late payments. I told the lawyer and he did not respond to me. At the "reading of the will" (the first and only time I meet the Will lawyer) he advised my sister to put the house up for sale. She has refused and is not paying the mortgage or rent. The lawyer still is not cooperating either. I am on a very tight financial budget but I'm wondering about my rights? I would very much appreciate for someone to help explain what my sister and the estate lawyers duties are/were?
2 Answers from Attorneys
It can be explained, but now very well on LawGuru. Consult with the attorney of your choice. It's not likely to cost you anything.
What is the value of the property compared to the total balance due on the mortgage? If this property is "under water" it's very likely there's no value to attempting to enforce your rights. Your sister is not doing her job, but if there are no assets of monetary value in the estate, the question is "what difference does it make, and how do we measure this difference in dollars?" You should consult with an attorney in your area to seek answers to the foregoing.
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