Legal Question in Wills and Trusts in Illinois

My brother is the executor of my mother's estate and I would like to dispute the first and final accounting that was sent to me.

Asked on 2/26/12, 3:14 pm

4 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Do you have a question? Generally, you should raise your questions or issues with the executor/estate attorney first. If you can't resolve your issues privately, then you can file your objections with the probate court.

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Answered on 2/26/12, 3:23 pm

Henry Repay Law Offices of Henry Repay

You may have received a document in the nature of a Waiver and Approval/Receipt. To the extent you have an issue with the accounting, you should not sign or return that document.

You may also have received a notice of a court date or may receive one later. You would want to attend that court date to raise your questions or concerns unless you can resolve any issues before that time.

As has already been suggested, communicate with the attorney for the estate. Perhaps he can reassure you regarding the details in the account. Alternatively, arrange a consultation with an attorney to review the account with you. While there certainly are examples of accounts that should be disputed, many estates are standard and disputing the account may just end up with more of the estate's money expended and smaller residual distributions.

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Answered on 2/26/12, 3:53 pm
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Hire an attorney immediately. You have to properly object to the accounting before the court approves it. Once the court approves the accounting, it will be difficult to oppose it, and you will have limited time to raise your objection with the court.

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Answered on 2/26/12, 5:59 pm

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