Mount Vernon, IA asked in Probate for Illinois

Q: How do I find status and location of a sick possibly incompetent executer of my mother’s estate?

Mother died a month ago, my sister is executer, she has covid and last told she is on a vent. Her daughter will not tell me her health status or locations she is in a hospital in Illinois. All three of us are beneficiaries, I don’t know the amt. of the estate, there is a house. No secondary was named as executer, I am the oldest and only son. I want to move forward on the estate but niece is with holding info because she doesn’t like me. My niece did turn the will over to probate behind my back. What to do ? Can I sue my niece for with holding info and recover lawyers cost ?

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

A: Whoever holds the will at the time of death is obligated by law to file it with the court or as you say "turn the will over" to probate. So don't view that as something done behind your back. You can file a petition to remove the executor and identify yourself as a replacement executor based upon our status as a more direct descendant than your niece. Depending on how long your sister is in the hospital, she may well be able to respond to the petition and factually assert that she is capable of continuing her duties. I can't answer that question as I don't know the health specifics. If the estate was opened in Cook or DuPage county I can help you. Call me at 312-300-6843. - Bryan.

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