Legal Question in Wills and Trusts in Illinois

illinois will question, a will states no fighting among beneficiaries, if so that beneficiary get one dollar,less than 2 month after my fathers death, (myself being names executor)my brother called , telling me it was time to dispence the real estate property, I informed him that I couldnt release any estate property until all debts, including medical bills ( from 2 forms of life support for 10 days)...I also informed him that if need be i would sell the properties to cover debt, he told me dad had medicare and let them pay the hospital bills, and dont worry about the rest...i said i cant do that with dad having 8 pieces of property. he also informed me that i couldnt sell the properties, i said yes i can if i need to,....at that point he got very irate and started cussing me, senting hate voice mails, and hate text messages...........now the question is would that be considered fighting as describe in the will


Asked on 3/17/12, 10:23 pm

3 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

No, his objections do not permit you to void his beneficial rights. However, you

are correct in performing your fiduciary responsibilities prior to distribution of

such benefits. As executor, you are legally required to manage the assets,

pay expenses, debts, and expenses of the estate, and then distribute assets,

and then a final accounting. Unfortunately, executors often must endure such

lack of patience, even from family. Also, you may be entitled to some

compensation for your labor.

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Answered on 3/18/12, 5:07 am
Virginia Prihoda Law Offices of Virginia Prihoda

Has your father's original will been filed with the clerk of court of the county in which he resided on the date of his death? This is a legal requirement, and filing the will protect you and the other interested parties.

Then, if you are not already working with an attorney, you should consider doing so as soon as possible. It is not possible from the facts you describe to understand whether (probably) you need a court proceeding to dispose of the real property interests. If a court proceeding is necessary, this may be a positive development because your brother will have to act like a grown up if he appears in court. Also, filing a court petition to have you appointed executor will trigger a statute of limitations for creditors to make claims. It's generally unreasonable to expect an estate to be settled in less than six months.

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Answered on 3/18/12, 1:31 pm
Virginia Prihoda Law Offices of Virginia Prihoda

Has your father's original will been filed with the clerk of court of the county in which he resided on the date of his death? This is a legal requirement, and its filing will protect you and the other interested parties.

Then, if you are not already working with an attorney, you should consider doing so as soon as possible. It is not possible from the facts you describe to understand whether (probably) you need a court proceeding to dispose of the real property interests. If a court proceeding is necessary, this may be a positive development because your brother will have to act like a grown up if he appears in court. Also, filing a court petition to have you appointed executor will trigger a statute of limitations for creditors to make claims. It's generally unreasonable to expect an estate to be settled in less than six months from the date the estate is opened in court.

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Answered on 3/18/12, 1:33 pm


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