Legal Question in Wills and Trusts in Illinois

If two siblings are equal sole heirs at law to their deceased parents' estate, what legal action can be taken if one sibling/heir sells the decedents' items at auction without the consent of or even notice to the other sibling/heir?


Asked on 12/12/12, 12:44 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

First place to look is the documents if there are any. Is one of the siblings appointed executor or trustee? If so, then they should account for what they have done and distribute the proceeds collected in accordance with Illinois law and the terms of the document. If there is no will or trust document, and the value of the assets warrants taking legal action, you can open a probate proceeding as a way to recover any assets wrongfully liquidated by the other sibling. Best first action, talk to the other sibling and ask what's going on.

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Answered on 12/13/12, 12:37 pm


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