Legal Question in Wills and Trusts in Illinois

We live in Illinois, My brother had my deceased mother's money put into a checking account at a local bank. He is the executer of the estate. He had a lawyer put it into probate. It is less than $70,000.00 and we have not touched it in over six months. Can we take it out of probate ourselves?


Asked on 1/27/11, 6:57 am

1 Answer from Attorneys
Cyndi Perez Trostin

My first question would be, "what does he mean by putting it into probate?" Did he have a probate estate opened? If so, you will need to go through the court system to have the estate closed and the proceeds of the estate distributed.

If there was not an official probate estate opened, then you need to obtain the information from your brother or his attorney, as to what has happened, and a schedule of when you can expect the estate to be resolved.

You can contact the attorney directly to inquire. If you get no response, you may have to obtain your own lawyer to assist you.

Good luck to you.

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Answered on 1/30/11, 2:46 pm


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