Legal Question in Wills and Trusts in Illinois

Access to Bank Account Information

My father died in April 2005. His modest estate is now in probate. My brother and I are the only beneficiares. Two years ago my father won more than $100,000 and to the best of our knowledge he had put the money in his bank account and had not spent it. The executor told us that the bank account has less than $1,000 in it now and she said my father was probably lieing about winning the money. We have a copy of his tax return that proves he won the money. The executor is a female friend of my fathers and she had a power of attorney the last year of my dad's life. We have asked the executor to obtain a summary of his bank account activity so that we could determine if there were any suspicious transactions but she refused saying it wouldn't accomplish anything. We called the county probate office and a secretary told us to get a formal response from the executor and the estate's attorney. We asked for this over 2 weeks ago and the executor keeps saying that the attorney will not return her calls. Is there a way for us to get a court order without having to go through the excutor who seems to be doing nothing? Can we do it without the cost of an attorney? Thank you for your help.


Asked on 7/21/05, 9:59 am

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Access to Bank Account Information

I strongly urge you to retain an attorney to represent you in this matter. Based on what you posted I think you should petition the court for removal of the executor based on what appears to be a clear lie concerning the estate.

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Answered on 7/21/05, 11:12 am


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