Legal Question in Wills and Trusts in Illinois
Terminate Legal Services
I am the executor for my sister's estate in Illinois. The estate owed medicaid fees to Illinois which were paid; however, the lawyer representing the estate (unlike everyone else) was not happy with the form or wording of the state's receipt, and has refused to close the estate, return phone calls, or reply to letters or emails since December of 2003. I want to know if I can simply send a registered letter to tell him to close the estate and submit his bill and put an end to this business.
1 Answer from Attorneys
Re: Terminate Legal Services
Without knowing the reason the Attorney refuses to accept the receipt as such and close the estate I would not be able to judge the matter.
However, as Executor of the estate you can give an instruction to the attorney and if he cannot accept the instruction: he can refuse and resign as your attorney; he can explain why he is refusing at which point you can accept his position or instruct him to close the estate which again he can comply or resign; or you can instruct him to submit his bill and retain another attorney to close the estate.
You may want to seek a second opinion in this matter. I would suggest you contact an attorney who regularly practices in the Probate Court in which the estate is being probated.