Legal Question in Wills and Trusts in Illinois

My mother died 8 years ago; my brother and I were named in her will as both co-executors and beneficiaries, to inherit all of the estate equally. Probate was never opened. The estate consists of a home and its contents ; my brother lives in the home, and will not make the changes necessary to allow me my share of the inheritance. I want to open the estate myself, without a lawyer, and motion to have my brother eliminated as co-executor. Then, instead of asking for a court-ordered sale of the home, I would like to have my brother ordered out of the home so that I can now have 8 years of undisturbed use of the home. I would rather not sell the home ; I would rather have the opportunity to use it for the same amount of time that my brother got to use it -- then re-visit what to do with the house in 2020. What are the chances that I could successfully accomplish this on my own? I am very intelligent, but worried that either 1) the probate process paperwork may be written in "legal-ese" , understandable only by a lawyer &/or 2) there may be a negative bias toward pro se plaintiffs. Would appreciate advice/discussion of this issue !


Asked on 12/28/11, 11:19 am

2 Answers from Attorneys

terrence rubino rubino ruman crosmer smith and sersic

this is not what you want to hear but the chances of accomplishing this is the same as the bears this year going to the super bowl. the house is apparently in your mom's name only ( or perhaps with your dad who predeceased her) and therefore needs to be probated. while that is not impossible pro se, it will be difficult and i cannot imagine the probate court kicking your brother out and putting you in. i do not believe there is a pervasive negative bias against pro se parties but every judge is a human and therefore subject to human traits. MORE IMPORTANT, it sounds as though you and your brother are what is left of the family. there is obviously some hard feelings between the two of you. forgiveness is a powerful thing and maybe it takes one to make the first move toward reapproachment. if successful at that, it would go a long way toward resolving issues and enhancing both of your lives. good luck with whatever path you choose.

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Answered on 12/28/11, 1:18 pm
Virginia Prihoda Law Offices of Virginia Prihoda

I endorse the answer furnished by Mr. Rubino. Probate judges follow the law, and the party asking for the court to rule has to propose a legally recognizable remedy for the court to approve. The court can't heal your family grudges, it will rule on what happens to property under the jurisdiction of the court. Once you can articulate what the court can help you with, you can move forward with or without your brother, with or without an attorney.

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Answered on 12/29/11, 9:17 am


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