Mount Prospect, IL asked in Estate Planning and Probate for Illinois

Q: Hi there. I was forced by my brother to sign something that closed my late mother's estate. Is there anyway to reopen it

The legal document stated that id been given the full inventory list/asset list and that he forced me to sign it and said that I wasn't allowed to look at that paper bc I didn't have a lawyer. Is there anyway someone could help me? I feel like he screwed me out of my share or my full share of the estate.

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: You can hire an IL attorney to file a motion to reopen the Estate. But you need good grounds. Your signing off the accounting will be used against you, so you need proof of fraud.

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

A: In Illinois petitions to reopen an estate are governed by 755 ILSC 5/24-9. Estates may be reopened to permit the administration of a newly discovered asset or to permit the administration of an unsettled portion of the estate. The petition may be filed by any interested person. You will need to read the statute and determine for yourself if you meet the requirements of the petition.

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