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lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25386
Experience:  Attorney with experience in wills, estates and trusts
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My sister is the executor of my mothers will. She has already

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My sister is the executor of my mothers will. She has already distributed personal property to herself and my brother before even telling me about the distribution. I have not been given a choice of any personal items I may have wanted since most of it is already gone. She is in possession of expensive items she says she will distribute, but I don't believe that she will do so. She is not reimbursing me for the value of said items. What is my recourse? She is also getting an extra 10 percent for the value of the work and reimbursement for her travel expenses out of the monies left. It will be a 30 40 30 split. we keep asking for information since my mother died in January, and my sister is not providing it, death certificate etc. My father died the year before and did not want her to receive reimbursement of expenses in the will. The will was amended by my mother after he died. I do not know if she was under undue influence to change the will. what next?
Do you know if she has filed the will with the probate court and if the court has named her as the executor?
Customer: replied 4 years ago.
It was in a trust with my mother and father as trustees. It has not been filed in probate court to my knowledge. I have copies of the trust documents and the wills, and there is some very unusual language included, so it does not look like a rubber stamp type of will. The money goes back to the heirs and not to the spouses if one of the heirs dies before the others.
What you have is not suitable for an answer online. Someone is going to have to actually sit down with you and the trusts and read the exact terms of the trust, especially since it appears that there are two trusts. I am assuming that your sister is the successor trustee of the trusts. I will also assume that the wills have a provision that "pour over" any assets into the trusts. These are two very important provisions that will change everything if not correct. While a trust is private and does not have to be filed in the probate court, a will does. There is no excuse for not filing the wills since January and that alone would be sufficient for her to be replaced as executor of the will(s) in most cases. You are going to have to sit down and consult with a local probate attorney for assistance. All of the documents have to be read together in order to determine your rights and how you should proceed. Normally you could go to the probate court on your own and file to be named the executor of the estate and that may be your best option.
Customer: replied 4 years ago.

Is filing the will in probate court dependent upon the value of the estate? She has not told me the value of all the assets, including house, vehicle, and multiple inventments, as well as personal property. We are not even sure what is actually there. We have asked multiple times, and she is ignoring my requests.


Is it better to get the accounting early on, or later in the process (or will it be too late?) She is threatening to dispose of what furniture is left by the 15th of May. She has been asked to send things (a box of photos) she forgot to leave for us to pick up (she lives if FL) and has not done so.


If she has divided most if not all of the personal? property, must she provide me with the cash equivalent since I have taken nothing? zilch.


What is the best way to find a tough estate attorney in our area, Cook Co, Northwest Suburbs of Chicago, Illinois? Our previous lawyer retired. (real estate mostly)


I'm looking for a group practice that does estate, real estate, criminal, etc. Someone to cover our butts so to speak.


I need a sister wrangler because she refuses to be even slightly reasonable. Family dynamics are nil. We are all estranged. I need someone who can force her to do her bleeping job that she is getting paid an extra 10 percent plus.



You can find an attorney at the link I provided to you above. In order to do anything you will need to file in the probate court, that is not really an option.
Customer: replied 4 years ago.

Thanks very much for your help.


It's a great place to help me get started, and gives me some questions to ask and think about.


Still a little unclear about the probate filing as I do not have original documents or know if I need them. The successor trustee to be assigned is her husband if she becomes incapacitated in any way. Can he be bypassed as you mentioned before?


The whole thing seems far more difficult than what we went through when my husband's mother died. That was a breeze compared to this.


Sorry the questions are so long.


In choosing the new lawyer, is it better to get one who has more time in front of a judge and/or courtroom experience?


If I contest, will I have to go in front of a judge? Or is it all handled by the lawyers themselves?


I am not in good health, this stress of the situation is not helping and I want to not have to deal with her at all if possible. Basically only speak through lawyers would be the best. Is that advisable?


Basically only speak through lawyers would be the best. Is that advisable.

That is usually advisable but expensive.

Can he be bypassed as you mentioned before?

If there is a breach of fiduciary duty on her part you would also have grounds to have him excluded.

In choosing the new lawyer, is it better to get one who has more time in front of a judge and/or courtroom experience?

There is really no way to answer that, sorry.

An accept for my time is always appreciated and required for me to receive any credit from JA and positive feedback is also helpful.
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