Legal Question in Wills and Trusts in Illinois
How long does it take?
My aunt died in Dec 2005, leaving a very short will. (One page) There were 4 people mentioned in it. I gave it to a lawyer that I had used to draw up a POA and will. (Big mistake) She asked for the address of all 4 people mentioned. I provided all info to her by the end of January 2006. Since this is my first experience as this, (and my last) I had no idea what to expect. She looked it over and said it was simple. I keep leaving messages for her to try to get a status report, since those 4 people are bugging me for their money, but she never, ever returns my calls. I haven't spoken to her since January when I dropped all this off.
I just want a status report. If it really takes this long, fine, but don't I have a right to know? And, how long does it take?
I used this service because I don't have the money to contact a lawyer that would charge me. (I'm not one of the 4 mentioned) Can you give me any help at all? Thank you very much.
2 Answers from Attorneys
Re: How long does it take?
Do you know if an estate was ever actually opened? If you're the appointed executor then you're in charge of the estate assets. The attorney simply advises and assist you (or they should anyway). Additionally, as executor you are entitled to hire an attorney and pay them from the estate assets, not from yourself personally. Moreover, you are entitled to a fee for your services as executor. It sounds like you need to contact a new probate attorney for assistance in moving this forward for you and in carrying out your responsibilites as executor.
Re: How long does it take?
A will must be filed with the clerk of the circuit court, even if no probate is opened. If you're the executor, then you have a right to know about the estate. You and the lawyer can be paid from the estate. Please call for an apointment. I'm in your zip code: 60402.