Legal Question in Wills and Trusts in Illinois
My husbands father passed away and there was no will. There is a small estate and his sister was appointed administrator of the estate. The house has been a free for all and many people (including people that are not heirs) have been allowed to removed items for the estate. my husband did not go to the court date because he was okay with his sister being the administrator of the estate, low and behold she had put in a court order that he return items removed, itemize what he has and provide bill of sales. He is the only on the order. He went to the house today and there are boxes everywhere and people are still removing items and a 17 year old nephew continues to live in the house with the cable and phone still own. What do they need the itemized list for? Will he need to pay for the items or will it be deducted from what is left to split for the heirs when probate is done? If he seeks legal cost can that be submitted to probate for payment?
1 Answer from Attorneys
Your husband should have been notified of any motion that accused him of removing items. It is called a motion to recover assets. If he wasn't served then he should have the order vacated.
He does need a lawyer but he will have to pay. He doesn't represent the estate.
I can be reached at www.legacylaws.com. Click "Contact us."
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