Legal Question in Wills and Trusts in Illinois

Re: My legal rights as heir.

Your mom should have filed the original will in the county in which your grandmother resided. Once a probate estate is opened, your mother has an obligation to send you notice of the estate.

If you have any futher questions, please free to contact me.

Gregg Garofalo

312-346-1460

Re: My legal rights as heir.

You have the right to examine all the records your mother has regarding your grandmother's estate, and that right can be enforced by the court. You also have the right to question your mother under oath concerning her actions as executor. The court will also enforce that right. Finally, you have the right to receive written reports from your mother, at least annually, concerning all trasactions made by her as executor, such as assets or funds received, spent, or distributed, including the current amount of funds available. You may also have the right to recover from your mother any misspent or wasted assets, if you mother has not handled the estate properly. You shouldn't show a copy of this advice to your mother, but rather you should consult with a lawyer right away for specific advice concerning your particular matter. Feel free to call me if you wish. Larry Stein. (630) 221-1755.

Re: My legal rights as heir.

Is this will being probated? If so, then you should have already received various paperwork after the Estate was opened including a notice of your rights in independent administration. Included in that is the right to ask for an inventory and accounting of assets. You can also petition the court to have independent administration converted to supervised admin. What that basically means is that if the executor wants to blow her nose she has to petition the court to do so. In short, you do have some tools to get your mother to keep you in the loop. Understand that distributions are generally not made at least until the claims perios runs, which is 6 months after the Estate is opened.