Legal Question in Wills and Trusts in Illinois

My grandmother passed away and my uncle is the executor. In her will she stated that each living grandchild can choose a memento from her home. I did not know of or read the will until 2 months after her passing. 5 days after her funeral contacted my uncle and requested he let me recoup my personal belongs that I had let my grandma borrow. I let me in the home and I took only what was mine. There was a picture of my grandparents which was take at my parents home. I ask if I could have it and he said yes. He now says that is my "memento". I was never informed that I had the chance to choose an item, I only found out when I read the will. Had I known, I would have pick something with more meaning. I feel I was tricked. What can I do? There are other request in her will that he had not followed. Isn't he held responsible to fulfill her wishes?


Asked on 1/28/11, 8:52 pm

1 Answer from Attorneys
Cyndi Perez Trostin

What you describe is unfortunately something that happens in many families.

The easiest thing to do is to try to reason with your uncle. If is doesn't work, and if there are things happening that are significant, you might want to discuss the situation with a probate attorney to ascertain your rights.

Good luck to you.

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Answered on 2/02/11, 9:08 am


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