Legal Question in Wills and Trusts in Illinois
Uncle is executor
My grandmother passed away in July or 2007 (it is now August of 2008). The day of her funeral my uncle sealed her home and told my father that he wasn't allowed in the home because he was the executor. He then allowed his ex-wife and daughter to live in the home now for over a year. He has made no attempt to close the estate by selling the house (my father and his other brother are beneficiaries of the sale of the home). What rights does my father have? He has not been told anything. Nothing has been said about the will, or any of the assets in the home.
2 Answers from Attorneys
Re: Uncle is executor
A will is valid for only one year after date of death. At that time, if the will has not been admitted to probate, it is no longer valid. However, there is a proceeding still available called a determination of heirship proceeding that will determine yiur father's rights in and to your grandmother's assets. Once those rights have been declared by the court, you father can bring a suit in circuit court seeking to seel the property and he can sue your uncle and his "tenants" for back rent and damages. If your uncle probated the will you can check at the probate court of the county of your grandmother's residence at the time of her death. If an estate was opened, it is much easier. You can seek removal of your uncle as personal representative for mismanagement and once appointed Perosnal representatiove, your father would have full power to deal with the property. Please contact me if I can help your father in this matter.
Re: Uncle is executor
It sounds like there needs to be a probate estate opened to have a court overseeing what is happening here.
As beneficiaries, your father and other uncle have rights that can be asserted through the court.
Good luck to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
