Legal Question in Wills and Trusts in Illinois

My grandmother passed away in July or 2007 (It is now March of 2010). The day of her funeral my uncle sealed her home and told my father that he wasn't allowed in the home because he was the executor. My uncle has stated that he finally has a buyer for the home but is being very vague about the details. They have never had a reading of the will and my father has never been told the value of her estate. What rights does my father have? He has not been told anything. Nothing has been said about the will, or any of the assets in the home.


Asked on 3/03/10, 6:41 pm

2 Answers from Attorneys
Stephen Messutta

Really your father is the one who should be seeking legal advise, since your father and your uncle would very likely be heirs to her estate (assuming she survived your grandfather). In Illinois it is the law that the executor is supposed to file the will with the Clerk of the Court. There should also be a probate estate opened, with all will beneficiaries and heirs notified, creditors given notice, and a whole bunch of things. Time you found a probate attorney and either get the executor to do his job or get him replaced through an appropriate court order if things are wrong.

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Answered on 3/08/10, 7:33 pm
Gregory Turza Law Offices of Gregory P Turza

Your father is being kept in the dark. This is wrong but unfortunately it happens all the time. Your father needs to retain legal counsel and open a probate estate if one has not already been opened.

Be careful. Your father has to ACT. There are deadlines involved. Just because the executor is supposed to follow the rules and give notice doesn't mean the damage can be undone if he doesn't follow the rules. To gain the law's protection your father has to hire legal counsel.

Your father may visit www.legacylaws.com and call for a consulatation.

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Answered on 3/09/10, 7:51 am


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