Legal Question in Wills and Trusts in Illinois
We heirs of an estate, cannot get the administrator of an estate nor the attorney to do their judicial duty closing out a deceased estate that is now in probate .....The deceased was 2/3 owner of a corporation and one heir is the other 1/3 owner. We were told by the estate atty we were shareholders but yet administrator and atty refuse to provide By laws of the corporation or any financial statements on the business. Neither the business nor personal estate has been completed. The deceased also owned properties that have not been put on the market to sale either. Only an inadequate personal property inventory has been filed in the court and nothing such as rental properties are included. How do you get the person responsible to do their job? Now 3 out of the 6 heirs have hired attorneys. A hearing was scheduled but attys negotiated and hearing never took place. The estate attorney was suppose to have an Order written up by the estate atty the following week for the judge to sign but now a month later, and nothing has been done plus a draft order was sent to the attorneys and it is nothing as to what was agreed upon. What are the options now? We cannot keep paying atty fees....the estate was worth 1.3 million (including business) and now we are told the business is being desolved and by heir who jointly owned the business. Found out yesterday it is not in good standing with the state. Tired of getting the run around and have paid $3,000 out of my own personal pocket hoping estate would be taken care of and closed out but no progress at all in the direction of closing it out in honor of my mother's name. A breach of judicial duties and mismanagement of the estate seem to be the big cause of all the issues. What options does one have since it seems like the law does not protect the heirs?
1 Answer from Attorneys
It seems like accountability is an issue here. If the decedents assets were all in his name and not in a trust then the probate court would have jurisdiction over the assets.
Most estates are administered by an independent administrator. The other option is a supervised estate. The latter requires more oversight by the court and more inventory and accounting scrutiny.
It is unfortunate that the administration has gotten to this point but you should discuss your concerns in person with a probate lawyer. This is something where you will be at a disadvantage without representation.
Good luck to you.
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