Legal Question in Wills and Trusts in Illinois

no will left, sibling takes all

Mom passed 1 1/2 years ago leaving no will. Sister

honored an out of date will leaving her executrix. Had

no meeting or dispersal of property between 4 sibs.

Sister was co-signer on realestate that had hefty

downpayment from prior realestate sale.

What is the statute of limitations on action to take

against her? Is there any action to take?


Asked on 9/27/02, 10:12 pm

1 Answer from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: no will left, sibling takes all

Wait a minute. No will. There is no such thing as an out of date will. What does that mean. Had it been some how cancelled with a subsequent will. So it appears from your statement that there was a will and your sister was nominated as the executor. How was the dispursal made. Pursuant to the old will. If this is in Illinois you should have received notice of the probate proceedings if there was one. I don't think any statute of limitation questions are relevant yet. You need to state the facts in detail to get a accurate determination of your rights and obligations as well as your sister's. You need to see a lawyer and soon.

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Answered on 9/27/02, 10:36 pm


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