Legal Question in Wills and Trusts in Illinois
Hello - A public guardian was assigned to my father, to manage his estate/trust, as he was determined to be mentally disabled. My sister was assigned as guardian of his Person, health care, etc. My father has since died.
My sister was named in my father's will as executor of his estate.
Will the public guardian continue to manage and distribute the estate, acting as executo or is his job over and my sister will take over dealing with the estate as executor? This is taking place in Illinois.
If my sister takes over as executor of the estate, I wonder if I need to hire a lawyer to keep an eye on her as she is hostile to me, the only other beneficiary of my father's estate ( I have a copy of the will & trust), or will Illinois law control her actions enough not allow her to pull anything shady? I live in Florida, so I will be somewhat out of the loop while this proceeds in Illinois.
Thanks
1 Answer from Attorneys
The public guardian will file a final accounting and then turn over the estate to the appointed executor of the Will. The terms of the Will and probate law should control, but unfortunately executors do not always carry out their duties properly. There are certainly some situations where a beneficiary may benefit from having their own representation to look out for their best interests.
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