Legal Question in Wills and Trusts in Illinois

Settlement of estate

My sister had my name put on her bank accounts with right of survivorship. While she was ill I paid all of her bills. When she passed away her will named 5 people in it. The home and auto were sold, as well as her personal belongings, and bank account was turned over to attorney. A nephew was named executor of the estate. I understood that the certificates of deposit with my name on them were mine. I divided them between our brothers and sisters. Now my nephew is planning on sueing me because I did not include him. Does he have any grounds for suits??


Asked on 1/22/98, 9:03 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN

claim to joint accounts

If your nephew can establish that you were merely added to your sister's accounts for convenience and not as the intended beneficiary, then he, on behalf of the estate, can claim that you were not entitled to receive the bank accounts. You do not mention who were the five named beneficiaries of the will. But he can assert a claim against you. It might be difficult to prove, as in all cases, he has the right to sue you and make the claim.

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Answered on 1/26/98, 7:45 pm


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