Legal Question in Wills and Trusts in Illinois

My four siblings and I decided not to go to probate for my mother's estate, which is approximately $50,000. The estate attorney took it upon himself to call my sister-in-law, who is a CPA and dealt with him professionally, to indicate we were making the wrong decision. Subsequently, he literally convinced ("scared") three of my five siblings (all decisions are based on majority rules) to proceed with probate. To date, legal fees total ~$5,500 with final probate date scheduled mid-summer. Was it ethical to contact my sister-in-law since she is not one of the heirs? To make matters worse, he charged the estate account for the phone call.


Asked on 2/28/12, 8:50 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

My guess is that your brother asked the attorney to speak to his wife regarding the estate, hence the phonecall. If that is the case, there was nothing unethical about the attorney speaking to your sister-in-law. In fact, any of the heirs could have asked that he talk to the sister-in-law and given that she is a CPA, it makes good sense.

You don't say who the executor of the estate is or whether or not your mother left a Will. If there was a Will or real estate involved in your mother's estate, you have to file the Will with the Circuit Court and you have to go to Probate. The law requires it. You cannot simply decide among yourselves not to go to probate. So far you haven't told me anything to indicate that the attorney has acted improperly including billing for the phone call.

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Answered on 2/28/12, 5:14 pm


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