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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36240
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was one of the prospective heirs to my sisters estate in

Customer Question

I was one of the prospective heirs to my sisters estate in Cook County, Il. (died Oct. 29, 2011). One of my sisters forged a will which named her the sole heir to the estate) which was accepted in probate court. There were two sisters and two brothers to the deceased. I was one of the brothers, but did not have any money to file a lawsuit, but one of the other sisters filed a lawsuit and reached an out of court settlement ( Oct. 7, 2015)with the sister who forged the will. I had a verbal agreement with the sister who filed the lawsuit that I would pay for 1/2 of her legal fees if I get my share. At this point I don't know what the out of court settlement was on Oct. 7, 2015. I still haven't heard from the sister who won the out of court settlement. Is there any legal recourse that I have to get my share, and is there a way I can find out what the settlement was. Case # ***** john
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Have you asked your sister for any information about the settlement and for your half of the settlement amount?

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And since this was verbal, I am assuming that you don't have anything to use as evidence of the agreement?

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Did you actually pay half the attorney fees in the case?

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thanks

Barrister

Customer: replied 1 year ago.
I sent an email to her son ( Oct. 8, 15) who I was always communicating with. No answer yet, maybe it's to soon. I was going to pay my share out of the proceeds of the settlement. I have no written agreement.
Expert:  Barrister replied 1 year ago.

Ok, if the case was settled, then it would be part of the public record and you could get a copy of the entire case file, including any settlement agreement, by contacting the court clerk where the case was filed. But if it was just settled Oct 7, everything might not be filed in the case file yet. I would give it a week or so and then contact the clerk to get a copy of it.

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The only problem I see here is if sister changed her mind on the agreement.. Since you didn't actually pay any legal expenses up front for "consideration" in the deal, she could just say she paid the entire legal bill so she is entitled to all the proceeds. Proving an oral agreement like this without you having proof you performed on your side would be very difficult..

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But as long as she honors her agreement with you, then she would just divide any settlement after backing out the legal expenses.

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thanks

Barrister