Legal Question in Wills and Trusts in Illinois
Incooperative Executor
Hello,
My mother and her two siblings father passed away in 2002 leaving a house and all assets to be divided equally among them.
My aunt, as the oldest, was named the executor of this estate. She insists that she pays the taxes on the property (which she also resides in) but she refuses to allow my mom and uncle any access to the assets they were bequeathed and refuses to cooperate with them in any way, will not see them, will not contact them.
They want what was entitled to them, as well as joint abilities to inhabit or rent the property in question (a 3-apartment building)
Can someone please advise what can be done legally from this point on?
Thank you for your time and assistance,
Tony Nusret
3 Answers from Attorneys
Re: Incooperative Executor
You are going to have to sue her, or seek her removal as executor.
Re: Incooperative Executor
Did she actually file with the court to be appointed executor, and has this estate been open for 4 years? If she's actually the court-appointed acting executor then you probably need to bring the issues to the court's attention to get rulings. If a probate estate has not been opened, then someone needs to file a Petition to open the estate and do what should have been done. In either case your mother should contact a probate attorney to enforce her rights.
Re: Incooperative Executor
There must be a probate since it sounds like there's a will. If the executor won't file the will and open probate, you do it. Also, move to have the executor removed. Please call for an appointment.
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