Legal Question in Wills and Trusts in Illinois

Under the laws of the State of Illinois, an executor has a fiduciary duty to the beneficiaries of the Estate. That means that they are held responsible (civilly and possibly criminally) for any decisions they make that take the funds away from the rightful recipient.

Unless the brother is willing to give the funds back voluntarily, your friend should seek the advice of a probate attorney to help him recover the assets. He may need the authority of the probate court to help him recover the funds.

Best of luck to your friend.

Ms. Trostin is absolutely correct. Additionally, a probate attorney will investigate whether a bond was purchased to protect the estate assets. A bond is an insurance policy covering the value of the estate for instances such as the one you describe.

It would be worthwhile for your friend to consult with an attorney to determine the best course of action. Some attorneys offer consultations for a small fee or even for free. In general, I don't provide telephone consultations but for matters such as this one, I will sit with someone in my office for a free half-hour consultation.