Legal Question in Wills and Trusts in Illinois

Time before will is enforced
My mom died over a year ago. Her brother was appointed over her affairs. We assumed that he had filed court papers soon after, but it turns out he had not. We were selling land that was once hers assuming it was divided among her kids (we had seen the will previously), but now that there is about to be a sum of money available, my uncle has come back, said he has not filed anything yet, and he is putting everything in probate at the completion of the sale. I do not think he is named in the actual will at all. Do I (one of 3 kids) have any recourse? How should I proceed with the sale to be completed in 6 weeks, and my uncle threatening probate almost a year and a half after my mom's death?

Asked on 5/24/08, 12:59 pm

Joseph Michelotti Michelotti & Associates, Ltd.

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Re: Time before will is enforced

Yes. You need to open a probate estate immediately and have him removed as executor.

Contact me if you have any questions.

Answered on 5/26/08, 5:18 pm

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