Legal Question in Wills and Trusts in Illinois

Replevin

my father passed away and criminals stole his property. Rather than making me executor of the estate -he died without a will -an attorney is filing a replevin. This is Two years after dad died. Is this the best course of action? Yes I did contact two attorneys and he is one. They both dragged their feet on this until now. They state their is no money in it. There isn't. just my memories and I do pay the attorney his legal fees. Is the attorney taking the best route for resolution


Asked on 3/18/07, 9:15 am

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Replevin

If an estate was filing such an action, it would be a "citation" proceeding through a probate court. However, if no estate was opened and the property value is under $100,000, your attorney may have decided to use a replevin action to recover the property using a small estate affidavit.

Best of luck to you in recovering the property in this very unfortunate situation.

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Answered on 3/18/07, 11:05 am


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