Legal Question in Wills and Trusts in Illinois
Don't Trust Executor
I am the only beneficiary to my father's modest estate in Illinois. The executor is a female friend of my fathers who I despise and don't trust. Dad owned a small house and owed $65,000 on the mortgage. Executor says she got an appraisal on the house of $58,000 and that she is going to buy it. Can she do this without getting more than one appraisal or without putting it on the market for sale to see what it might sell for? Your thoughts would be appreciated.
1 Answer from Attorneys
Re: Don't Trust Executor
First of all, did your father have a will, and is there a probate estate opened?
If not, which is probably the case if the executor is acting in such a way, you can ask to have an appraisal done on the house.
If you are the sole beneficiary, you have a right to know what the estate assets are worth.
The easiest way to proceed would be to call a local realtor and ask them to give you an appraisal on the house. They won't charge you anything if they believe they may have a chance to list the house. That will give you some idea of the fair market value of the house, and the ability to negotiate with the executor.
You also have the ability to open a probate estate if you believe things are not being handled properly. You should talk to a lawyer who can review all of the facts of your situation before doing this however.
Good luck to you.