Legal Question in Wills and Trusts in Illinois
My sister in law is the executor of my inlaws estate. My husband and her are the two beneficiaries named in the will. She is withholding all information about the probate account from my husband, the only other beneficiary. There's approximately $200,000 in probate. My husband has been aking her for weeks to meet and discuss everything going on with the probate account. She ignores all requests. Can he take her to court? Who pays for this? She's not doing her job as executor in a fair and timely manner.
3 Answers from Attorneys
He can and should raise this issue with the judge presiding over the probate and perhaps to seek her removal as executor. Your husband will have to pay for the costs of his lawyer. It is possible, though not likely, for the judge to order his sister to reimburse your husband for some or all your his lawyer's fees out of her share of the $200,000 probate estate, depending on if and how badly his sister violated the law.
He can talk her to court. The probate court is empowered to hear any type of dispute regarding estate administration. He should first be sure to put his demands clearly in writing and document all communications (or lack thereof). If the estate is currently in independent administration (most common) then he could consider asking the court to convert to supervised administration. Your husband would pay his attorney, but if the court determines that the circumstances warrant, then the court could allocate the costs to the estate or to the executor's share.
He can take her to Court, but that may not be necessary. Many Executors become immediately cooperative once they have been contacted by a beneficiary's attorney. I'd try this route first (because you'd need an attorney in Court anyways -- and this could be a cheaper alternative).
Feel free to call me if you'd like to discuss this further. I won't charge for the phone call.