Legal Question in Wills and Trusts in Illinois
proceeds administered and i have not rec'd mine
My mom passed away 1 1/2yr ago.Initial distribution of the estate made of cash assets and home was sold last summer and the funds from this were distributed to the other heirs on or about Oct 1.The executor of the estate is eldest brother who does not speak to any family members and he gave my check to another brother who distributed checks to everyone else but is holding mine.He and I are in business together and he wants to buy me out (his proposal is that I pay off the loan I took out and then i am out of the business) I countered that he could take over the loan or pay it off as payment for my share.I realize this has nothing to do with the estate but he will not give me my check until i agree to his terms.I contacted an attorney who took a retainer fee but basically did nothing.The brother who is the executor was issued a letter re my funds not rec'd and he forwarded this to the other brother's attorney (who by the way was the corp attorney and i think this is conflict of interest)Several different arrangements have been made ie we'll mail it, etc. I did make arrangements to pick it up at his home and went with local police more for protection(he threatened my husband)and he did not answer door.Any options I can pursue myself
3 Answers from Attorneys
Re: proceeds administered and i have not rec'd mine
A simple suggestion is have the executor/attorney issue a stop payment on the check and give you a new one. Certainly doesn't solve the bigger problems, but it should get you your money.
Re: proceeds administered and i have not rec'd mine
Another thought (if the executor is not able/willing to assist), you can petition the probate court to order the distribution to be made. When the final distributions are made prior to the closing of the estate, this must be done.
I would recommend consulting a probate attorney if you have not already done so (you didn't mention what kind of attorney you had already retained). He/she can review the entire situation and give you the advice you are seeking.
Good luck to you.
Re: proceeds administered and i have not rec'd mine
In my opinion the executor of the estate is not performing the job that is required of an executor. His job is to provide you with the proceeds which are due to you. This does not mean that he can pass the check to someone else and expect that someone else to pass the check on to you. Just because the executor does not speak with the rest of the family has no relevance as to why he is not performing as the court requires. Why did he not mail you the check?
I would also inform the person who is holding the check that he is holding money that you are entitled to. If he continues to refuse to give you the check then tell him you will take legal action against him. Inform him that the legal action my include filing a police report regarding his actions.
As far as the attorny who you paid a retainer too--you should request and you are entitled to receive a complete accounting on how the retainer funds were used. You are entitled to a refund of all fees which have not been earned by the attorney.
If you would like to speak with me regarding this matter in greater detail please call my office at 815-254-4719 and I will be happy to talk to you at no charge.
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