Legal Question in Wills and Trusts in Illinois

i have not received my inheritance check from a sale of property my father owned and my other family members have. It has been 2 1/2 months since they received theirs. The executor is a family member and deliberately didn't mail mine. Can I sue? Can I sue for my legal costs and interest I would have recieved on the money? He has mailed all other correspondence in the past.


Asked on 6/05/10, 5:00 pm

3 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Without knowing more it would be difficult to give you any advice on your particular legal situation. However, it may be wise for you to consult with an attorney. If necessary the attorney could take the necessary steps to protect your legal rights and obtain your inheritance for you. It may also be possible to recover other items such as interest, attorney's fees or damages if the executor has failed to perform his or her legal duty to you.

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Answered on 6/05/10, 9:42 pm
Gregory Turza Law Offices of Gregory P Turza

As a son you are an heir. You have that going for you. The problem is we don't know if you were included in your father's will or other planning. It is unfortunate when these problems come up because communication breaks down among family members who do not get along. Here are some low-cost suggestions for you: 1. Are you on good terms with a family member who can talk to them on your behalf? 2. Do you know who the attorney is who handled the closing of sale? Call his office and find out how much, if anything, he will share. Don't take his word for it. He is not on your side. But any information he gives you may be useful. 3. If your father died with will it has to be filed in the county probate clerk's office. You can examine this on your own. It is a public record. If you have a follow up question feel free to go to the home page of my website www.legacylaws.com and submit your question under "Ask the Lawyer." Good luck.

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Answered on 6/06/10, 7:42 am
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Have you attempted to contact the executor and/or attorney, and if so, what was their response, if any? You should make your demands to them, and make them in writing. If they fail to reply, any matter can be brought before the probate court by motion. The probate judge could award fees, but it's in the court's discretion based on the facts and circumstances.

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Answered on 6/06/10, 4:44 pm


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