Legal Question in Wills and Trusts in Illinois
At wit's end!!
This is me story in short need guidance because the family is at it's wit end.
My father passed in Feb. 05 and I was the sole beneficiary to his estate. My stepmother renounced the will & hired her own attorney and that's where the fun began. My stepmother has asked for 30k in spousal support. The estate's attorney asked for documents to support her claim. This is alone has been in front of 3 different judges 4 times in 2 different counties. She is finally under a court order to produce records by Oct. 2nd with a hearing on the 17th.
The last court date, she claimed that 55k worth of depression glass that father bought( and she confirmed in e-mails to the estate) has suddenly dissapeared. No household inventory has been done. Only inventory that has been done where of possesions of father's items left to him by his parent and grand parents.
We know she is entitled to house(J/T and her name is on loan docs). She has not made 1 payment on the house or on car loans and house is about to be forecloused on.
The executor thinks that everyone is dragging there feet. She feels stepmother is trying to prolong everything to frustrate me and give up everything. What are my options?
Do I need to hire attorney?
1 Answer from Attorneys
Re: At wit's end!!
The estate's attorney is hired to represent the interests of the estate itself, and not any given beneficiary. The task of the attorney is to administer the estate according to the laws of the state of Illinois.
If, at any time, you believe the interests of the estate are different than your interests as a beneficiary, then you should hire your own attorney.
If you believe that your stepmother has removed items from the estate, the lawyer may initiate a citation hearing to inquire about such assets, and to recover them for proper distribution.
An inventory of the estate should be taken as soon as possible to protect everyone's rights. Lastly, if the estate is not a supervised estate, you may want to initiate this as well. As a beneficiary, you have standing to request this of the court.
I would start by setting a meeting to discuss your available options with the estate's attorney.
This answer is based solely on the hypthetical set of facts provided by your posting. This answer should not be construed as legal advice. For a thorough legal analysis, you should consult with attorney who can review ALL of the facts of your situation before providing you with an answer and legal advice.
Good luck to you.
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