Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! I am sorry to hear of this situation - it sounds very unusual. On what basis are they asking for the inheritance back?
they said it was in case someone turned in a bill, but they also say the estate is fully finished and cleared.
How long ago was probate completed?
8 or 9 months. she passed away last september.
I'm sorry to hear of your loss. Let me double check on something re: creditor claims.
So the law provides that creditors must bring their claim within 6 months of the filing of probate, so now that the time period has passed, they would have no basis for bringing a late claim - it is time barred.
As such, the executor should not be asking you to sign a document.
If an attorney is doing this, he can be reported for unethical behavior. First, you should ask the attorney what statute s/he is citing for the authority to request the inheritance back when the statutory time period has expired. When s/he does not have an answer that gives you your answer, so to speak.
i thought it was 30 days, but the lawyer said the paper is good indefinatly. i am not signing it and give them control of my money as i see it. it reads like they can come back years from now and get it back.
For creditor claims it is 6 months; but that time period has already lapsed. Are you sure they aren't asking you to sign a release - sometimes (quite often) upon closing of probate, the executor asks for a Release, saying you won't sue him in the future for anything that happened during probate.
i'm wondering if i am the only one ask to sign this, since i am inheriting it thru my husbands estate, since he passed away 3/29/2013.
Yes, most likely, as only the heirs are asked to sign a release. But if they are asking for a return of the inheritance, that does not make sense.
it does say it is a release, but also they can ask for the money back if they want it.
With no basis for asking for the money back?
not really. the lawyer said it was in case someone turned in a bill that should have been paid.
If they didn't properly give notice to the creditors, the creditors do have up to 2 years - but the thing is, that would generally be attributed to the negligence of the executor for not providing due notice. And if that's the case, you would not have any recourse, after signing the Release.
Here are the statutes that govern creditor claims: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+XVIII&ActID=2104&ChapterID=60&SeqStart=21600000&SeqEnd=23300000 - you'll see the executor has a duty to publish in the paper to put creditors on alert; and to notify known creditors. So there shouldn't be any outstanding claims that survive the process.
they have a court hearing on 9/12/so a judge can decide. they said i don't have to go, but my oldest stepdaughter and i are going together. that is why i'm asking, because one of the other papers say everything is paid.
i have a feeling she intends to blame me for needing to go to court for this.
Yes, I would attend that hearing. That way the attorney/executor cannot misrepresent what the judge states. There should be an order that the judge will issue - this will say whatever the judge decides. So you should ask to see this after, to clarify it.
Generally a person can't be forced to sign a release. It is a bargaining situation. You give up your right to sue in exchange for something. That doesn't sound like the case here. You aren't benefiting in exchange for this.
ok thank you. the executors did the will and had their aunt sign it. she was in a nursing home with advanced alshimers ? for the past 4 years before she died. they have my husband and his brothers 2 kids splitting their share 3 ways instead of 50/50 like it normally is.
That right there is a red flag.
I would be concerned with that.
It's unfortunate no one challenged her then.
Did you have any other questions on the above? I can get you a link to an attorney referral service if you want to hire an attorney to accompany you?
everyone else involved are related and does whatever the executors say. my husband wasn't close to them, although he got along good with them all when ever they saw each other. i'm considered an outsider by them.
they are also friends with the lawyer.
i shouldn't need an attorney, i just don't want them trying to force me into signing that paper.
The judge won't allow it if it is unreasonable. Based on the information provided, I would be surprised if the judge ordered it. But you may want to ask the lawyer under what authority she is making the request - i.e. what statute/case, to see if there's any basis for the request. Again, based on the information provided, it doesn't sound kosher.
ok thanks. i will go and see what she does. maybe i can get him to see what she has done and the condition his aunt was in when the will was signed. thanks for your help. bye.
You are welcome. Best wishes on this; I am sure it is very upsetting after losing your husband. Take care.
Thank you again for your help. The Judge agreed with me about the release form they wanted me to sign. If i had signed it i would have had to probate my late husbands estate and it is already settled. He ruled so i don't have to sign anything but a w-9 form and small estate form for hubby. Again thank you and i will recommend you if anyone asks me for a lawyer. Kathryn Slaght.