Legal Question in Wills and Trusts in Illinois
Judgment by Default/ Dismissal of Case
A relative passed away. Another relative was the named
executor of the estate. Evidently they have defaulted
on paying the fees for the attorneys of the estate. I
received a motion to withdraw letter from those
attorneys. In it they said if I don't appear in court
in 21 days, that failure may result in a judgment of
default or a dismissal of the case. Does this mean I
may be libel to pay these fees? I have not been in
contact with either relative for years-the executor
only right after the death. I also did not inherit
any money from the deceased. Another relative
inherited ev
2 Answers from Attorneys
Re: Judgment by Default/ Dismissal of Case
Hello. From the facts
that you have given, it
is highly unlikely that
you will have to pay
anyone. The lawyer is
required to give every
heir notice of his motion
to withdraw. However,
the case could be dismissed.
Re: Judgment by Default/ Dismissal of Case
I don't think so. The executor is responsible for paying the fees. The notice simply means that the case will be dismissed and the estate considered closed.
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