Legal Question in Wills and Trusts in Illinois

Forcing opening probate.

My sister in law is petitioning the court to open probate. Her argument is that the will was coerced. We have filled out and filed ''Small Estate'' forms rather than probate (the estate was under $100,000). We have opened a IRS account with the IRS and have distributed all the estate assets to the heirs. Now she wants the court to open Probate and the estate is insolvent. Can she do this and who will pay the legal fees??


Asked on 10/07/07, 5:23 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Forcing opening probate.

You have the right to contest the opening of the estate. If there is no valid reason to have an estate opened, the court should grant your request.

You also might want to have an attorney review the overall situation with you just to see what your options are.

Good luck to you.

Read more
Answered on 10/07/07, 8:30 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois