Legal Question in Wills and Trusts in Illinois

Rules of Probate

We have been kept in the dark about the whole estate proceedings, meaning we don't have a clue on what is going on. Our aunt told us to make her our excuter since she had the money and had been through it before. We didn't no any better so we said ok. My father passed away in Illinois, My aunt lives in Arizona, and we live in California. We were told we would get death cert. autopsy reprort, and paper work thru the proceedings. We have received nothing, we don't even know how much the estate is? It is going on two years, do you think we are being taken for a ride? Plus the final report date is 4/21, and we haven't signed anything.


Asked on 4/18/03, 11:44 am

2 Answers from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: Rules of Probate

Have your been taken for a ride, possibly. As heirs you are entitled to notice when the estate is opened. You may not be legatees. Children may be disinherited. A death certificate is not necesarily part of the file. Under Illinois law the will, if there was one, must be filed within 30 days of the death. Your Aunt must have hired an Illinois attorney if she is the executor. She could not do it long distance. You could call the Probate Clerk of the correct county and see how much information they would give you. Cook County probably will not give you much. Other counties probably more. If you really want information you are going to have to hire your own attorney in the proper county in Illinois.

Read more
Answered on 4/18/03, 12:07 pm
Jay Goldenberg Jay S. Goldenberg

Re: Rules of Probate

I don't know if you're being taken for a ride, but at a minimum something is slipping here. As an heir you should have received papers at the beginning -- even if it was a will cutting you out. Why do you say the final report date is 4/21? What information led to that?

If this is in Cook County, I can try to look up the case file when I'm in the courthouse. If you have court papers with the case number, send me that or at least the name and approximate death.

If elsewhere in Illinois, call the clerk of the probate court of the county of residence.

Do not delay any further.

Read more
Answered on 4/20/03, 9:06 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois