Legal Question in Wills and Trusts in Illinois

Repayment of expense paid

Defentant in contested will, Acted as excutor paying household ALL expenses till house sold, house had brother on tile,and parent Quit Claimed before passing other half to me as well as in the will. If his arguement is I have no claim to property then can I sue him to repay me the Elc, Ins. ect. expenses I paid on both his and fathers behalf before this case is closed? All property is sold, $1300. left after sale. I have paid over $3800.00 Brother now has court appointed rep. to close out fathers estate only tax return left.(less than $800.00 to return) I paid to get that done as well.


Asked on 9/03/08, 4:14 pm

1 Answer from Attorneys
Adam S. Tracy Securities Compliance Group Ltd

Re: Repayment of expense paid

Thank you for your question. To be certain, your question is whether you can be reimbursed for expenses you forwarded on behalf of an estate which you served as executor over? May I ask why you forwarded expenses directly out of your account instead of out of the estate?

In short, if I am understanding your situation correctly, you should be able to petition the court for expenses prior to the closing of the probate estate. Has the estate been closed yet? You are no longer serving as executor? If you were acting as an exector under a will, whether challenged or not, you should be entitled to reimbursement.

I would likely be able to provide you with some more insight on this topic if you could give me some more information. Please feel free to contact me directly: [email protected]

Thanks..

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Answered on 9/04/08, 9:36 pm


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