Legal Question in Wills and Trusts in Illinois
I live in Illinois and my parents passed away in 2011. My sister was named executor and she has finally finished liquidation of the estate. How do I go about writing a letter to request information about all the financial aspects of the estate. Like what bills where paid and how much and to who. How much did all the assets sell for and what it cost to have them sold. And in general a breakdown of all the financial dealings concerning the estate. The executor was my sister and since my mothers passing we have not seen eye to eye and I don't trust her and what to have paperwork I can look at to make sure everything was done correctly. Thank You Tony
3 Answers from Attorneys
It sounds like you want an accounting. You are entitled to an accounting before you sign off on the estate to be closed.
As an heir, you have the right to notice of events during the course of administration. Often, to reduce the cost of the process, heirs are asked to sign waivers, but that does not waive receipt of a final account which would require either your approval or a court date. If you believe the case has wrapped up, go to the courthouse and examine the file. Retaining a probate attorney is advised.
If the estate was formally probated, meaning a court proceeding existed which resulted in the appointment of your sister as executor with a court order, the estate can't be closed until you sign a receipt for your share of the estate and sign off on a receipt and approval of the accounting. If this situation was not in a court proceeding, you would probably have to sue your sister to obtain an accounting if she can't be persuaded to voluntarily provide it.
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