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My sister is the executor of my mothers will. She failed

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My sister is the executor...
My sister is the executor of my mother's will. She failed to notify me of anything even the filing of probate. I live in Illinois. I found out and am contesting the will. She sold my mother's house to my other sister's husband, pulling the wool over the other siblings' eyes, by dropping the price $20,000 in one day. This made it possible for my sister and her husband to buy the house. The other sister is still expecting her chunk. That is one point in contesting the will. Is this legal. Illinois is a community property state. I am a paralegal but am having trouble finding the answers.
Submitted: 7 years ago.Category: Legal
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Answered in 23 minutes by:
8/1/2010
Lawyer: Andrea, Esq., Attorney replied 7 years ago
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Verified

Illinois is not a "Community Property" state, but even if it were, it is irrelevant when it comes to probating a will.

 

Not only should you contest the will as you already are doing, you should also demand an accounting from the Executrix and charge her with breaching her fiduciary duty in preserving the assets of the estate. By reducing the price by $20,000, she cost the Estate and the beneficiaries their fair share of and additional $20,000. This action may be enough to remove your sister as Executrix of the will, have her forfeit her fee as Executrix of the will and having the Court appoint another Executrix.

 

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

 

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