Legal Question in Wills and Trusts in Illinois

What are my rights as Executor?

I am one of six children, and Executor of my Dad's will. There are siblings that think they should have been executor, and are doing whatever they can to put road blocks in my way. Example: they are going to the bank and claiming misuse of funds; having utilities turned off at my Dad's house, etc. This causes me many hours of phone calls, letters, etc. to try to straighten out the mess they've made. Just doing whatever they do to make my life miserable and harass me. I keep asking the lawyer if I have any recourse to get them to stop, but am not getting any answers. What are my rights as Executor of the estate? How can I get them to stop the harassment? Can/will the probate judge issue some kind of order against them?


Asked on 4/17/04, 7:11 am

1 Answer from Attorneys

Re: What are my rights as Executor?

Am I to assume that you have already been to probate court and you have letters of office appointing you as executor?

If so, you should notify all banks, investment companies, etc. that are holding assets of the estate, and the utility companies that provide service to the house, that you are the only person with whom they should be dealing. Provide them with copies of the letters of office and instruct them not to speak to others who do not have court permission to be handling affairs of the estate.

If the estate is an "independent" estate, the court does not do much to supervise the transactions being handled in the normal course of handlng and winding up the estate. Normally an estate does not become "supervised" unless someone challenges the will, or the executor is not handling matters correctly and the heirs/beneficiaries want additonal court supervision over the transactions. From what you describe, it is the opposite case here.

If the harassment is adversely affecting the assets of the estate, it would be appropriate to bring it to the court's attention (through your attorney). The court's interest is to protect the assets of the estate.

Please consult your attorney before acting on any suggestions that were made here. I have made these suggestions based on the limited information that you provided in your question. However, without thoroughly reviewing the estate's matters, I can not offer a legal opinion. Your attorney is in the best position to do that. Meeting with him/her to review your concerns would be your best course of action.

Good luck to you. I know that it must be a trying time with all that is going on.

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Answered on 4/17/04, 12:50 pm


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