Legal Question in Wills and Trusts in Illinois

can executress be removed?

Very questionable financial decisions.

1 � Although it was not mentioned in the will she convinced each of her sisters (the two heirs) to pay her $2000 a month.

2 - She mortgaged the mother�s home to pay for mother�s expenses while she was being cared for. And used half of the mortgage money to buy herself a home. We discovered that no money had be repaid!

3 � It took nearly six months to put the house up for sale and then she priced it at more than twice the appraised value. Remember, she is still paying herself.

4 � Recently, she lowered the price on the home and it nearly sold. She sent us some information that she�d written out. In it we found that she had not paid the real-estate taxes (due in June). If she fails to pay those taxes and the ones coming due in September the house will be put up for tax sale in November. Apparently she�s spent all the estates funds.

5 � She also claims that she charged $9000 to her credit card since the mother died and is owed this.

6 � No receipt or any other documentation has ever been received.

Would there be a good chance of getting her removed? And in the will it explains that anyone questioning the will shall no longer be entitled to inherit. What does this mean?


Asked on 8/20/08, 1:05 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: can executress be removed?

This sounds like a very complex situation. It may be possible to get her removed, but you need to consult with an experienced probate attorney to figure out the best thing to do in your situation.

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Answered on 8/20/08, 2:54 pm


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