Legal Question in Wills and Trusts in Illinois

Will

Dad died in 62. Oldest son executor. Everything adjudicated except 2l acre mining prop. in Canada. Title never trans. to heirs per stirpe. Now he is trying to obtain prop. for his daughter. Sent us adult survivors $1,250 each to sign off so his daughter gets control. We will not sign. Can he do this. Think title should have been transferred to all of us years ago. Property in silver, gold & diamond area Gillies Limit , Ontario. Can he legally force us to accept this. Sister died few years ago. Sent a ck to her husband. She has adult children.. They I believe are the inheritors. Please advise. Executor bro is rich we are middle class. Do we have a case??? Can we fire him as executor for ignoring this issue for so long.


Asked on 3/15/08, 6:24 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Will

Your brother can't legally force you accept a $1,250 payment for your share of the property.

First of all, if you have an inherited interest in the property, it can't be sold without your signature, and your sister's children's signatures.

I would suggest that you first do some research into the estimated value of the property. I would also wonder what your sister's husband had to say about the transactions. You should present a united front to your brother.

Let me know if I can assist.

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Answered on 3/16/08, 12:52 pm


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