Legal Question in Wills and Trusts in Illinois
Notice of account final, Illinois
What is the name of your state? Illinois
I received this letter today from our executors attorney of my grandmas estate.
This is a probate case from 2004 small estateunder 100,000. The executor is my aunts husband , On the 9th 0f july we filed at the court house to have him removed as executor then on the 12th today we get this letter.
The letter states on Tuesday, JUly 31, 2007 at 9;30 a.m. or soon thereafter as counsel may be heard.I shall appear before the honorable presiding judge or any judge sitting in his stead, in the courtroom usually occupied by him in XXXXX , Illinoisand present the final account of legal represenative, a copy of which is attached, and ask that it be approved and if a final account , that the estate be declared settled and the legal represenative be discharged from office. If the account is approved by the court upon said hearing, in the absense of fraud,accident or mistake the account as approved is binding upon all persons to whom this notice is given.
My question is do I get a court date before this hearing or wait till this hearing to go before the judge to tell our cause for action?when I filed the clerk of the court said usually the lawyer sets the date. she said if we didn't hear anything
1 Answer from Attorneys
Re: Notice of account final, Illinois
The notice is for the executor to square up with the estate and close it. Show up at the date and make any objections you have to his petition at that time. If you have some sort of matter to present to the court that is unrelated (and it doesn't sound like you do, from what you've stated), then file it with the court and set it for the same time as the executor's petition.
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