Legal Question in Wills and Trusts in Illinois

First, I live in the state of IL. My sister is the executor of my parents estate. My parents have been deceased for 2 yrs. The only thing left was the sale of the summer home in WI. The home closed 1 month ago. My other siblings have received the proceeds. I have not. I owe nothing to the estate. How long does she legally have to get me my proceeds from the sale of the home?

Asked on 7/30/13, 12:30 pm

3 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Robert H. Glorch
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There isn't necessarily a legal deadline in this type of situation, but a fiduciary owes various duties, including the duty of impartiality. If you're entitled to the proceeds just the same as your siblings then your distribution should be made at substantially the same time. Have you attempted to communicate about the delay with your sister-executor? Has she indicated a reason for the delay, or is she refusing to communicate with you? Or, could it be something simple like she doesn't know where to send your check?

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7/30/13, 12:45 pm
Virginia Prihoda Law Offices of Virginia Prihoda
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There is no specific deadline prescribed by Illinois law to make the distribution. Are you certain you are entitled to a distribution based on your reading of the will, if there was one? Talk to your sister or if there was an attorney who provided legal services to the administrator or executor talk to the attorney.

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7/30/13, 12:58 pm
Henry Repay Law Offices of Henry Repay
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I agree with the earlier answers. If you cannot promptly get an acceptable response, then pay an attorney to communicate with the attorney or your sister.

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7/30/13, 1:05 pm

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