Legal Question in Wills and Trusts in Illinois
A sloooow execution of a will
My great aunt died over 7 years ago, and my aunt who is the executor and major beneficiary of the estate has not seemed to move on the accomplishments of her duties to the great aunt's estate. Specifically, the last major holdup should have been removed when my Grandmother died over two years ago. (one of the great aunt's provisos was that my grandmother would be cared for and her death would allow the remaining proceeds to be disbursed to the heir, of which I am one.) My Grandmother never requred funds from the aunt's estate. When cornered, the aunt only gives vague explanations about why the process is taking so long, and they aren't convincing. She has her share of the estate already. It is known to be relatively large. She has mentioned the amount of my share to be theoretically upwards of 30k. In June of '04, she loaned me 18k to add to a house down payment, and we drew up a contract specifying repayment and interest to begin one year from the date of the loan. When we discussed the loan, she assured me that if the estate wasn't resolve before my repayment commenced, it wouldn't be long after. That condition, is not part of the written payback agreement. The payback date approaches, how can I compel her to execute the will?
1 Answer from Attorneys
Re: A sloooow execution of a will
I am assuming that your aunt has (1) filed your great aunt's will, and (2) opened a probate estate. If one or both of these remains undone, you may have the ability to open a probate estate yourself and inquire as to the whereabouts of the money, but the statute of limitations may have already run, based on the facts and circumstances.
If she has done both, and you are an heir, you are entitled to petition the probate court here in Illinois for "supervised administration", which increases the expense but has the judge oversee the progress of probating and distributing the estate.
I'd check the copyof the will on file, to confirm that you are a beneficiary under the will, and check the court file to see that a probate estate was opened. In all events, you should consult with an attorney in the county in which your great aunt resided, to pursue your rights to your great aunt's estate.
Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
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