Legal Question in Wills and Trusts in Illinois
Legal Consequences for Executor Doing Nothing for 2-1/2 Yrs?
My mother died 2-1/2 years ago. My sisters and I were told on several occasions we were left ONLY her jewelry and clothing.
Recently, I asked for a copy of the will for my personal records. My sisters and I then found out we were left more than we were told in addition to there being a trust fund 50% to her husband, 50% for the four of us sisters to divide equally.
Are there any consequences to her husband/executor or are we entitled to anything more because of his not notifying us within 30 days and for having lied about what we were left in the will? Are we entitled to anything because of what this has done to us emotionally, shock, betrayal?
Also, he withdrew $20,000 from the trust for $12,000 in medical and funeral expenses, although there is no clause that he is to use this trust for these expenses. He was left 100% of another trust of a dollar amount equal to the trust that is to divided and all property, furniture, cars. Even if he thought he could take expenses out of the trust that was to be divided, are there any consequences because he withdrew $8,000 more than the actual expenses?
1 Answer from Attorneys
Re: Legal Consequences for Executor Doing Nothing for 2-1/2 Yrs?
I think your more important issue is to enforce the trust as is. If I understnad correctly, you're not getting anything from the trust. You can bring action to compel enforcement. In the process you can recover funds improperly withdrawn. Keep your eye on the big picture.
If I can be of assistance, please contact me. 312-346-7899.
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