Legal Question in Wills and Trusts in Illinois

My sister's the executor ??!!
My mother passed 10-08, and my sister has not filed the will yet. Also, she acts like I have no rights and can sell everything and just write me a check. Problem is, she is not deemed executor yet and she is taking everything in the house for herself without informing me.

Asked on 1/09/08, 2:19 pm

3 Answers from Attorneys

John Steele Steele Law Firm

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Re: My sister's the executor ??!!

Obviously that is completely inappropriate (based on the facts you gave). Your sister has a duty to admit the will to probate. If she has not yet done that, then she has just passed the 90 day requirement and if you are an interested party (which you are), you may file an action to force the estate to enter probate. Furthermore, your sisters action gives credence to your claim that she should not be an executor of the estate. Our firm has handled issues like this in the past, so feel free to call our firm or email us with more questions.

Answered on 1/10/08, 6:02 pm

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Cyndi Perez Trostin

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Re: My sister's the executor ??!!

It sounds like you need to seek legal counsel to seek advice on what your rights are under the will and how to compel your sister to act accordingly.

If she is taking items that are supposed to go to you, or to other people, there are ways to legally enforce those rights and have her return the property.

In addition, by law, the will must be filed within 30 days of death.

Good luck to you.

Answered on 1/09/08, 9:04 pm

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