Legal Question in Wills and Trusts in Illinois

Re: Surviving granchildrens rights to estate holdings

If the estate is worth less than $100,000.00 and there's no real property in it worth more than $2,000.00 there's no reason to have a probate (small estate exception) and your uncle may be planning on keeping it all. You may file the petition for probate. And that threat may get your uncle's attention. See if you can get uncle to sit for a mediation of the dispute before a retired judge. However, when all else fails file the petition for probate.

Re: Surviving granchildrens rights to estate holdings

If there was no will, the property must be divided by what is called intestate succession. You would most likely be entitled to your mother's share.

You should demand that probate be opened.

Re: Surviving granchildrens rights to estate holdings

Nothing has any real effect unless and until a probate estate is opened for them (I assume they probably left to each other and we're really referring to the estate of the survivor).

If there is no will, the estate would go to the descendants. You (and your siblings) would receive your mother's share.

In an intestate estate, in absence of a spouse, a child has first right to be appointed administrator. He can be required to furnish an accounting, but that seems months away.

Are you sure there's anything there to be fighting over and for him to "take over" as executor (do you mean he *has* opened an estate?)

If he does nothing for a few months and you're reasonably sure there's something there, you can file a petition to open an estate and be appointed administrator. He would have a right to appear and claim priority, but at that point he'd have taken responsibility.