Legal Question in Wills and Trusts in Illinois
Uncle died in 2009 no distributions have been made and my cousin has not told us any information regarding the estate. Is there such a thing as an audit for the estate? If there is how long before it is due?
2 Answers from Attorneys
Issues to be addressed in order to answer your inquiry:
1. Was there a last will of your uncle which was filed in local probate court?
2. In such will, was your cousin the appointed executor?
If distribution of your uncle's estate is subject to probate law, then the executor must file a final accounting which summarizes the distribution of the estate and payment of expenses and debts. The report is due after the estate has been distributed which can vary depending on nature of property and other issues. As an interested person, you may have access to those records and accounts. If you or any interested person objects to the accounting, the court will decide the issue. There is not an audit of each accounting report. If there was no probate filing, e.g., all property was distributed according to a trust which does not require probate filing, if you believe you are an interested person or beneficiary, you may have to discuss your options with an attorney.
If you are remembered by your uncle's estate plan, you are entitled to, at minimum, an annual account. However, Executors often ignore requests from beneficiaries who are not represented by an attorney.
I suggest that you discuss this fully with an attorney. Due to a variety of factors, an attorney will have different suggestions for you based on your specific situation. Feel free to call me for a free consultation.