Legal Question in Wills and Trusts in Illinois
I am in Illinois,
I am going through a death, this person is my grandfather. The will is set up 50 / 50 between my mother and her sister. My mother is the executor (because of her niceness) and her sister is not (because she is a very mean cruel person). They are trying to split things up before consulting a lawyer, which I know is a bad idea. No probate has been done yet, and there will probably be medical bills coming in yet. There is a chance that there will not be as much money coming in as they think and I am trying to keep things from getting ugly. The sister is attempting to take my grandfathers truck to Colorado from Illinois and i was wondering if that was a legal move since he has just died and all of the potential debt holders have not had a chance to come forward yet.
Thank You,
Clint
1 Answer from Attorneys
If you are concerned about your mom, you should be, because we can't advise her if you're asking the questions. As named executor she has legal obligations under Illinois law. Among other things, to file the will in court, open a probate estate if needed, gather estate assets, etc. If she doesn't and any creditor (like a funeral home or hospital) gets stiffed good enough, the creditor can open an estate and make things difficult. The best thing to do, and really as she is an adult the only thing you can do, is suggest that she goes to a probate attorney to make sure she's handling things right. Then again, she may be taking care of things and the will may have given her the power to divide personal property as she saw fit between her and her sister. Nice and mean may be irrelevant. Be careful how you approach your mom though; this is her business and not yours unless you were also named as a beneficiary of granddad's estate. Good luck.