Legal Question in Wills and Trusts in Illinois

My sister and I are both executors of my mothers estate. My mothers will stated that all property was to be divided 50-50. For personal reasons I want to relinquish any and all claims to the estate. I don't want anything.

What is required to do this? I just want to be able to give my sister a letter/document that says that I am out of it.

The estate is in Illinois but I live in Tennessee


Asked on 4/09/10, 4:30 am

2 Answers from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. You would sign a Disclaimer. The statutory provision is (755 ILCS 5/2‑7). You can find it here:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+II&ActID=2104&ChapAct=755 ILCS 5/&ChapterID=60&ChapterName=ESTATES&SectionID=63276&SeqStart=3700000&SeqEnd=5000000&ActName=Probate+Act+of+1975.

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Answered on 4/14/10, 4:43 am
Edmund Burke Edmund B Burke, Attorney at Law

You can readily renounce or disclaim your interest in the Estate. You also want, however, to be discharged as co-executor of the Estate. This executor-role is a different role than the beneficiary-role. Just because you renounce your property interest as a beneficiary does not discharge you from your legal status as Executor.

For that, you need the Court to issue a revised order, with revised Letters Testamentary, making your sister the sole executor. You would have a Petition with the Disclaimer document as an Exhibit, as that Disclaimer demonstrates why you want a discharge.

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Answered on 4/14/10, 8:01 am


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