Legal Question in Wills and Trusts in Illinois

Nominated Executor
A nominated executor, who is yet to be officially appointed to the role, is aware of checks being written from an estates account, and is removing items from the estate, without consulting the other 2 parties listed on the will. Would this be enough for the courts to deny his nomination as executor, when an objection is filed? Also, if it is proven that he has abused his role, prior to being confirmed, does he also lose his status as a beneficiary?

Asked on 5/26/07, 8:57 pm

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

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Re: Nominated Executor

1. How can checks be written from an estate account when there is no estate? Were the checks forged? Are you sure the account is not titled jointly?

2. As for items being removed, it is one thing if he is safeguarding them, but another if he is disposing of them.

3. If he has done something wrong, I suppose that could be used in requesting that he be denied appointment.

4. He would not lose status as beneficiary.

Answered on 5/26/07, 9:19 pm

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