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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42892
Experience:  Texas lawyer for 30 years in Estate law
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My mother in laws estate has not been settled and it will be

Customer Question

my mother in laws estate has not been settled and it will be 9 years the house is just sitting it is not being rented out it is not being sold and yet my brother-in-law is paying the mortgage and the taxes on the place he hasn't asked any of the sibling to help him pay it is becoming financial burden on him ..being the executer….he can't even get town assistance to mow the lawn we do it.. but i really think this should have been sold by now he hasn't gotten an appraiser and i think he's asking to much for the area…please advise
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
we even offered to by it at the expected real estate price of 120,000.00 thats the appraisal i got thru zillow …my brother in law has got none…..just wants a firm 150,000.00….he has also invested some of his money into fixing up the place again we offered to help he refused….. how can we get him to settle this estate among 6 siblings…
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today. Here it is clear you are correct he is asking to much.You may want to write the judge here if he incapable of selling the property and closing out the estate.No way this is reasonable amount of time.Normal time here is a year , anything over that you question his ability to close this out.He is not being realistic here, perhaps he has alternative motives . Write the judge and ask for a hearing here and set out the problems, maybe a new executor here who will get this moving and lower the price and move it.An auction here might be an alternative.You get a little less but quick resolution.I think a hearing here with judge and other parties is the way to get this moving and a change of direction if necessary.You have rights as an heir to a speedy and fair administration and closure of the estate. Start with a letter and try to speak with the judge and some orders to resolve it.This might include an estate auction for the property. I appreciate the chance to help you today.Please let me know if you have more follow up.
Expert:  RayAnswers replied 2 years ago.
The court here can remove him as executor under the Illinois law.
755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
Sec. 23-2. Removal.
(a) On petition of any interested person or on the court's own motion, the court may remove a representative if:
(1) the representative is acting under letters
secured by false pretenses;
(2) the representative is adjudged a person subject
to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a disabled person;
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the
estate;
(5) the representative conducts himself or herself in
such a manner as to endanger any co-representative or the surety on the representative's bond;
(6) the representative fails to give sufficient bond
or security, counter security or a new bond, after being ordered by the court to do so;
(7) the representative fails to file an inventory or
accounting after being ordered by the court to do so;
(8) the representative conceals himself or herself so
that process cannot be served upon the representative or notice cannot be given to the representative;
(9) the representative becomes incapable of or
unsuitable for the discharge of the representative's duties; or
(10) there is other good cause.
(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97; 91-357, eff. 7-29-99.)
It looks like he has violated several of these, this has been way too long here you need a change of direction.Write the judge and see if you cannot get a new executor appointed and orders setting deadlines.
Thanks again.
If you can leave a positive rating JA will mail you our chat and this reference to include in your letter to the judge.I wish you the best here.
Expert:  RayAnswers replied 2 years ago.
Sample letter.
Honorable ***** *****
Address
Estate of ***** *****,
Case No.12345
Dear Judge Smith ,
I am writing you concerning the above referenced estate.This estate has been open for 9 years and has not progressed at all.I am asking that the executor be replaced here to get this matter moving and resolved.He is incapable of carrying out the statutory duties of getting property appraised and sold and closing out the estate.
I am asking that you set this matter for a hearing and consider a new executor and orders to set deadlines for appraisal and auction or sale of property.
The failure to sell the property and resolve this has created financial hardship for me in that........
I would appreciate the chance to speak to you in a hearing and to seek movement and appropriate deadlines.
Sincerely yours,
Your name
Something like this feel free to modify.You can get judges name off the probate documents, clerk will have mailing address.
Thanks again.