Legal Question in Wills and Trusts in Illinois

Inheritence Disbursement

My wife is due to inherit a sum of money but the attorney refuses to return phone messages. We hired an attorney to send him letters and we keep on getting the run around. My attorney sent a letter in late May and we had a response from the attorney of the will that stated the money wiil be disbursed in the very near future. After 3 months we still have nit heard so we sent another letter. The response to the second letter stated that the attorney working on that case had quit, so no one was working on it. Again he stated that the disbursement will be in the near future. This has been 6 months now and now the attorney is not returning my attorneys phone calls. Very frustrated and am looking to get this resolved. What can I do?


Asked on 11/27/01, 5:50 pm

4 Answers from Attorneys

WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Inheritence Disbursement

Someone should file a complaint with the Pobate Court that has jurisdiction.

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Answered on 11/27/01, 6:04 pm
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Inheritence Disbursement

Have you contacted the executor for the estate? The executor is the party that has the direct access to the funds and is ultimately responsible for carrying out estate functions. It is also possible that there are perfectly legitmiate reasons for the delay (e.g. estate taxes, creditors claims, will disputes, etc.). Your attorney may need to go to court to force the issue. Letters often work very nicely, but not always as well as a court order. Good luck.

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Answered on 11/27/01, 6:29 pm
Jay Goldenberg Jay S. Goldenberg

Re: Inheritence Disbursement

Personally, my patience level with non-responders grows shorter and shorter.

Although there can be justifications for non-distribution and non-response, you don't get it when you're hitting a blank wall.

My experience with this type of situation is that if you wait another six months, the only difference will be that you are a half-year older.

Your attorney should file a motion to compel distribution in the probate court handling the estate. This will begin a process of response, reply, delays, etc. but he has to just keep at it. The sooner you begin, the sooner you reach the end. Ultimately the court will order the executor to distribute.

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Answered on 11/27/01, 6:42 pm
Sanford Martin Martin Law Office

Re: Inheritence Disbursement

Although there may be valid reasons for the delay in disbursement, you or your attorney are entitled to information. You are advised to contact the executor, even to review the probate file yourself since you are an interested party. You may find an explanation for the delay. If there are other beneficiaries, act as a group to force the issue. Regardless, you are advised to press the issue through your attorney for such explanation, then, if all else fails, move the court for an order compelling distribution.

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Answered on 11/28/01, 10:53 am


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