Legal Question in Wills and Trusts in Illinois

Re: ''Opening'' an Estate

"opening" an estate means filing a petition, getting a court date and having a hearing at which the will is admitted and the executor appointed. Depending on scheduling, it may take 2-3 weeks.

Then there is publication of notice to creditors, getting control of assets, paying bills, etc. You can't close the estate until six months after publication of notice.

You should have a discussion of fees with your attorney.

Re: ''Opening'' an Estate

"Opening an Estate" is idiomatic for filing a petition for letters of office as executor or administrator, and for admission of the will, and/or independent administration (usually). As an heir at law, you should receive notice, or be asked to waive notice, of the filing.

Filing this petition takes a finite amount of time, depending on the facts needed, including names addresses, and relation ship to decedent, of all "interested parties.". Once filed, publication must be made to creditors, and the estate cannot be settled or closed for a minimum of six months after such notice.

Attorneys are no longer allowed to charged based on a bar association fee schedule. Each attorney must make known to his client, preferably before the engagement, how he or she will charge. In probate matters, there is also the ability to request the judge to examine the fees for reasonableness, which can occur as part of a supervised administration. You will be asked to sign a receipt for your share of the estate, and the form indicates that you approve of the fee. If you don't, don't sign.

Finally, your attorney handling the estate should be able to discuss these questions with you fully and frankly. You should ask the attorney these questions, and obtain satisfactory answers. Without knowing the facts, I can't give you any more definitive answers than the above.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.