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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 28488
Experience:  Texas lawyer for 29 years in Estate law
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My girlfriends dad died a a month or so ago and her dads will

Customer Question

My girlfriends dad died a a month or so ago and her dad's will said that if his house is sold, his wife (2nd wife) receives $24,000 of the profit and the remaining portion is distributed to all three children, who are adults.

His wife has been very "fishy" with things as of late and lied about an insurance policy value in which she tried to remove his daughter from the policy and change the beneficiary to herself 100%. The insurance company said she didn't have authority at the time it was requested. It's a mess. But, you get the idea.

Question is this, the wife says there is no equity in the house and we heard she is going to sell it.

If the Will states she only gets $24,000 of any profit and the kids get the remaining, how do we find out what profit she gets from the home sale?

Can we find out if there is any equity?

Can we put a "lien" on it so that if there is a profit, she only get's what is stated in the Will?

Thanks so much for your time!
House and Will is in the state of Illinois
Submitted: 6 months ago.
Category: Estate Law
Expert:  RayAnswers replied 6 months ago.

Hi and welcome to JA. My name is XXXXX XXXXX X will be assisting you tonight.

You may want to have her write the judge in the court where probate has been filed and set out her concerns.The wife here can be removed as the representative of the estate.The representative is required to file an inventory or assets and must account for the funds.

She can ask for a hearing ona ll of this and an accounting of funds.She can also seek removal of wife as representative if there have been instances of breaches of fiduciary duties as you state.

Your girlfriend should consider her own lawyer if she can afford it here.She certainly has reason to be concerned and there may be lost assets or otehr issues as you state.A lawyer can sue the wife here if she has lost funds or self dealed as representative of the estate.She can also be replaced and your girlfriend might be able to replace her as well.

Reference to removal.


 


http://www.ehow.com/info_8613348_can-petition-remove-executor-illinois.html

 

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

 

 

She can locate a probate lawyer locally here.

 

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=IL

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 28488
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 7 other Estate Law Specialists are ready to help you
Expert:  RayAnswers replied 6 months ago.
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" .


Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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