Legal Question in Wills and Trusts in Illinois
Inventory records of an estate
My widowed dad died November 2001, I am the only birth child to him, the executor of the will was my step brother, he lives in E Dubuque where dad lived, I live in central Wis. Dad had a will and living trust and no problem with his wishes, but with the manor it was settled. I could never go back into his home, never got anything personal to remember him by, nothing! Dad had two homes another in Arizona. Never saw copies of inventories or what happened to anything. Just received in the mail today $40,000 cashiers check thats it. My half brother didnt use an attorney, there wasnt even a will reading! My half brother has a second wife, I heard from my aunts and uncles that she gave most the belongings to her kids. What can we do?
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3 Answers from Attorneys
Re: Inventory records of an estate
You should probably hire an attorney to request an accounting of what was done with the estate and trust.
Re: Inventory records of an estate
Hello,
Did you ever see a copy of the Will or Trust to find out who was supposed to get what? Obviously, you were entitled to something, because of the check you received. But without having a copy of the documents you dont know if you got all that was coming to you. Also, the trust may have required that you be given an accounting of how your distribution was arrived at, which of course you did not get. You can legally question a Will by starting a probate and a trust with a lawsuit. Those are last resort, expensive alternatives. Before that, you should have a lawyer contact your step brother to get copies of the documents and an accounting. You have the money now to do that. I am probably not that far from you because I live in Appleton. Give me a call and I can answer any questions you have and possibly help you with a letter. In any event, best wishes and keep the faith. Mark J. Mahoney 920-984-4529 or 920-427-0532.
Re: Inventory records of an estate
The reading of the will occurs more in movies than real (I can't think if I've ever done one).
I'm not clear what you were supposed to get. If you were left a straight $40,000 then you're not entitled to detailed reports -- they don't affect you.
If you were left a portion of the estate or trust then you should have received a full accounting, and not sign a receipt until you do.
If it's the latter, and you want to explore your rights further, drop me a line or give me a call at 312-346-7899