Santa Fe Springs, CA asked in Elder Law, Probate and Estate Planning for Illinois

Q: Probate case open now over 2 years after death of intestate uncle due to guardian's no response by guardian =(aunt).

We heirs at law do not wish to pursue malfeasance by attorney or estranged Aunt (age 87) , but would rather "confidentially" like to appoint a third party to pursue the issues with the court / judge etc. in order to close the existing extended probate case.

Also, if necessary, is it possible to lean her estate if she passes away?

1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
  • Rochelle, IL
  • Licensed in Illinois

A: You don't get to "confidentially" pursue the issues with the court. If you think there's a problem, hire an attorney. It is also not clear how you are an "heir at law." Was your estranged aunt married to the deceased uncle? Did your uncle have descendants who survived him? If the answer to either of these questions is yes, you are not your uncle's heir. You really, really, really need to hire an attorney to handle this -- and no, it won't be "confidential" once anything is filed in court, since your aunt must be served with a copy of whatever your lawyer files.

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