Decatur, IL asked in Civil Litigation and Estate Planning for Illinois

Q: Executor of estate is possibly going against what is written in the will.

My father recently passed away. One of the siblings is the executor, but my other sister and I feel that the other sister is going against what the will says. She’s not letting us in the house, (we fear she’s already taken things that were meant for everyone to have a fair chance to pick out what we wanted). There has already been a lot of meanness at the funeral which is really sad. My parents picked the wrong person to do this I feel. Can she keep us out of the house as the executor? (Since we have keys to the house). Thanks.

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

A: The executor is lawfully charged with the obligation and the right to marshall the estate assets. Part of the obligation of marshalling includes protecting assets. The executor would be within her rights to secure the house. Having said that, the executor is also obligated to file an inventory which identifies the assets of the estate. If you feel that personal property is missing from that inventory, you may be in a position to file a petition to remove the executor for failing to identify or protect those assets. Since all court proceedings are expensive, this mechanism should not be used to argue over trivial matters. You don't want to spend $400 per hour arguing over a $25 item. Hope this helps. - Bryan.

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