Legal Question in Wills and Trusts in Illinois

IL Law Will and Reading or filing

Our father died August 3, 2008 in Peoria, IL and our brother has told us he is the executor of Dad's will. He has refused to produce a will and cleaned out Dad's Apartment before any of us arrived into town for the funeral. Dad did not have much, but we do know that he had approximately $18,000 in a joint acct with our brother, a moderately valueable painting and car. How long do we have to wait to find out if he is indeed the executor. Our brother cleaned out the bank acct. we knew about and deposited it in he and his wife's personal acct. He has told each of us, that he will divide the estate when he feels is the right time. What is the law in IL for filing the will?? What recourse do we have about the money, car and painting???


Asked on 9/27/08, 9:36 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: IL Law Will and Reading or filing

The money in the joint account belongs to your brother. One reason for a joint account is to avoid probate. The will must be filed with the Circuit Court in the county in which your father lived within in 60 days of death. If the estate is worth less than $100,000.00, no probate need be opened.

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Answered on 9/29/08, 2:03 pm


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