Legal Question in Wills and Trusts in Illinois
Twenty five months ago my mother died,we settled everything we were fighting on Sept 1,2111, ever since then the only person that got paid was the lawyer that represented the one sister that we were fighting, Our lawyer has gone into court four times since then to change the status hearing each time. There is not much money left and my one sister who is handling the estate thinks she's entitled to $16,000 for very little work, I have asked to see a bank statement ,but never got one.where do back in court in Illinois in three weeks again and no filal papers to be signed have come, Who do I complain to on what both my sister and the lawyer are doing
3 Answers from Attorneys
If you are able to appear in court, then present your concerns to the judge. If not, you may be best served hiring an attorney to appear.
If there is an attorney representing the estate, the question should be addressed to him or her. The status hearings are continued by order of court, most likely the attorney isn't unilaterally seeking to delay closing the estate. Before an estate can be closed, all the residuary legatees (or heirs if there was no will) have to approve the final accounting and distributions to the attorney and the executor/administrator. First place to seek answers is by talking to the attorney for the estate. If you then have unresolved concerns, appear at the hearing. Show up early before the court call, let the clerk know you want to be heard, and speak your piece when the case is called.
If you lost the citation against your sister, in all liklihood, you will not be granted attorney fees anyway. Perhaps your attorney is trying to work out a settlement that will benefit you by at least getting an agreement to pay a portion of his fees.