Legal Question in Wills and Trusts in Illinois
Independant Administration
When an estate is administered without court supervision how is everyone in the will protected? My minor son will receive a percentage of his estranged father's estate once he turns 22. The independent administer is the deceased's father. How can I be sure my son will receive what was left to him when he turns 22 and not used to pay other expenses (such as house payments, etc.)? What I'm trying to ask is who keeps an eye on the estate to be sure things are being handled properly? There is a line in the notice that reads ''This means that the executor or administrator will not have to obtain court orders or file estate papers to court during probate?'' I've never heard of this before.
1 Answer from Attorneys
Re: Independant Administration
Independent administration means that the court does not supervise the day to day activities of the executor/administrator. But it doesn't mean that the executor is not accountible. You may request that he file an accounting on an annual basis, or even that the estate be converted to a supervised estate if you believe there needs to be more adequate controls on the assets of the estate.
If you have concerns, please consult with an attorney who can review the records and court documents to be sure that everything is being handled properly. In the long run, the cost will be well worth it to you and your son.
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