Legal Question in Wills and Trusts in Illinois
all three of us were named as co-excutors of moms estate, checks are now coming to my sister ((Who lives our of state) she is now cutting herself 1/3 of each check, but my brother and I agreed that all adtional moneies would be put into the probate account of which I am maintaining for estate expenses,she has also written her self a share of stocks which we are not even sure if they are valid and waited till a record high day to cut herself a check. she also had all banking ( probate checking acount) tranfered to her out of state adress with out the knowlege or concent of either my brother or I .The bank only sends copies to one adress so when I am trying to doucument the the estate expenses the cancled checks will be going to her adress. I have spoken to the probate lawyer and ask for his advise he wanted to have a conferance call with him, my brother and I , calling her out of state, she says it is not convient for her.we are waiting on her approval to fix the house( a huge strom came in and damaged moms roof) we have the home owners insurance check and a contracter lined up, the lawyer advised us to put that on hold till we have a confeance call. but in the mean time moms house is becoming worsre with each rain fall. should we seek court supervised probate now as her actions of self help and hinderance to the estate.,and who would pay the adtional cost of this?
3 Answers from Attorneys
Why are you waiting for her approval? Hire the lawyer, open an estate and place your sister's actions under court supervision. She should not be helping herself to estate assets before the expenses of administration. Feel free to visit us: www.legacylaws.com.
Supervised administration is a drastic step, but in this circumstance it might be appropriate. Funds of the Estate should remain in Illinois. If she was the only Executor, the Cook County Court would insist on it.
The conference call should be your next step. See if you can work this out. If you can't, you should probably hire your own attorney if you are unsatisfied with the joint attorney. Feel free to call me to discuss this further. I won't charge for the phone call.
This is why most attorneys frown upon co-executorships. As long as you are working with counsel, you should heed his or her advice. If your sister co-executor has 'gone rogue' you might want to consider asking the court to remove her as co-executor.
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