Legal Question in Wills and Trusts in Illinois

Re: selling inherited property do I have the right

Generally, if you are the beneficiary of property from an estate, it is yours once it has been distributed.

It is up to the executor to obtain the appropriate receipts from you, and to be sure that there are adequate funds left in the estate AFTER the distribution to pay the taxes, claims and administrative costs.

However, if you are concerned about having to return the property to the estate, you can always sell it and keep the funds from the sale until the estate is closed. The only reason an estate would ask for the return of property is if its liquid funds have been depleted.

Once the decision to distribute has been made, only the executor is responsible for the action, UNLESS you have signed a document that states that you will give property back to the estate if funds are needed. Check to see what you have been required to sign.

If you are still unsure, make an appointment with a probate attorney to discuss your concerns and to learn about your rights. The price of an hours worth of the attorneys' time may be worth it to put your mind at ease.

The above answer to your hypothetical question should not be considered legal advice. There may be other facts that were not presented that would change the response stated.

Good luck to you.