Legal Question in Wills and Trusts in Illinois
What are an heir's rights?
I have a great uncle who died almost a year ago. My name was listed as an heir, and so was my mother.. The executor is an uncle who is a bit ''shady''. My mother is entitled to the same percentages as this uncle. (the will was spelled out clearly on this account). I have received nothing as to why my name was in this will. She has gotten no additional details as to what is in the will. Do I have a legal right to see what is in the will since my name is on it? And should I also be updated as to what is going on with the will? I called the attorney who did the will (childhood friend of executor) and felt I got the ''legalese run-around'' as to why my name is on there. Pleas note that there are seven other cousins of my generation who's names were NOT in the will, yet mine and my two sister's were. Thank You
2 Answers from Attorneys
Re: What are an heir's rights?
well lets start at the beginning. I most counties in Illinois when you file a petition for probate of a will you must list the heirs of the decedent. However, since your mother is alive you are not an heir in the legal sense. So that may mean that you are mentioned in the will. You will have to determine this by reading the will and reviewing the petition for probate. Now in Illinois the will of a decedent must be filed with the clerk of the circuit of the county where the decedent resided. So all you need to do to see the will is go the circuit court and ask to see a copy of the will. You can even buy a copy if you desire. You can also ask to see the court file on the probate proceedings. That will have a copy of the petition for probate and may have an inventory listing the assets. If you or your mother do not receive any thing under the will there is no further legal need to keep you informed. If you wish to be informed any way you may file your appearance in the proceedings then the executor has a legal obligation to keep you informed. The above has assumed that there is a probate proceeding. If there was living trust all of the above my not be necessary. You will need to check that out. Regardless there is an obligation to file the will with the court.
Re: What are an heir's rights?
I'm unclear, since you talk of what was in the will, and then talk of wanting to see the will (and if the will gives something to you and your mother, don't ask why!).
You are apparently legatees -- beneficiaries under the will. I'd guess you received a copy of the petition listing you, but not the will (which you should have).
Contact the clerk of the probate court of the county in which the great uncle resided. Whoever had the will should have put it on file, and you can request (for a fee) a copy.
More important is administration of the estate. Although executors are ultimately accountable to the legatees (from here on I'm assuming you're one), they have a lot of independence in Illinois.
A legatee has a right to require accounting and closer administration -- by court action. If you don't take court action, your rights are purely theoretical.
I recommend you retain an attorney to appear on your behalf and petition for supervised administration and presenting an inventory and accounting. This can be a long process -- so take the first step.
If I can be of any assistance to you, contact me at 312-346-7899.
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