Prospect Heights, IL asked in Probate for Illinois

Q: My family has been trying to settle an estate in probate (no will) for over 5 years. All debts have been satisfied.

The attorney (friend of one heir) keeps returning to court, has not expeditiously settled this and does not relate information to the heirs. He insists it’s due to IRS tax due but the payment was recently returned from the IRS to the estate administrator. Please advise how we can finish this. There are two sides of a family involved and it seems that this attorney had more authority than he should over the outcome. The administrator is unversed in the details and goes along with whatever the attorney says.

Related Topics:
1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
Answered
  • Probate Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: It is difficult to answer your question. When the administrator was appointed, the court would have ordered the estate as supervised or independent. If supervised, then the administrator is responsible to file an inventory and regular accounts. It does not sound as if that has been done. Anytime the supervised administrator fails to perform required tasks, then an interest party may file a petition or citation to remove the administrator or file a petition for the administrator to show cause why tasks were not performed. This would also be the case in independent administration - the administrator would still be responsible to file an inventory. Based upon the passage of time, it sounds like final reports and final accountings should be prepared and notices of same given to the interested parties. If nothing is happening, then one of the interested parties needs to step up and petition the court for relief. Of course, there have been delays in proceedings due to covid, but that has only been since March. I hope this helps. - Bryan.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.