QUESTION
The executor won't give me my inheritance and I am in the will, what can I do?
Asked on Aug 20th, 2013 on Estate Planning - California
More details to this question:
My sister is the executor of my aunt's will. She died 30 days ago and my sister will not answer emails from me regarding when I will receive anything. I am named in the will. She will not tell me the amount and she says now that she has hired an attorney to help with the estate. She also refused to give me the name of the attorney. I live in Florida and my sister lives in Illinois and that is where my aunt resided in Illinois and is the state where she died. My sister has never liked me and I feel she is purposely not going to ever give me my share. What recourse do I have since she won't reply to any of the emails and I live in a different state? Is there a time limit that she has to distribute my aunt's estate?
11 ANSWERS
3 Awards
You need to hire an attorney in Illinois to assist you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Aug 28th, 2013 at 10:18 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Look, your sister has to pay off all of your aunt's bills, gather all of the assets, perhaps sell some of them. She doesn't know what you get yet. In Idaho, the estate cannot be closed until 4 months after the creditors are told that the person has died. In this case patience is a virtue. But if you think she may be looking to avoid paying you, get an attorney to monitor the situation in Illinois.
Answered on Aug 28th, 2013 at 10:18 AM
Sanford M. Martin
Realize that being executor involves estate administrative responsibilities which often involve several months or longer. Thirty days is no reason to complain. Your only recourse is probate court in the local county of the deceased. You will need a lawyer. Advise you to wait until it is clear that your sister will not cooperate with you, not treat you like a beneficiary, and will continue to withhold information. So far it appears you have no real objection. Distribution of estate assets is the last step after payment of debts and expenses, tax issues, and other legal issues which often require several months.
Answered on Aug 28th, 2013 at 10:18 AM
You need to call the probate court and get copies of everything that has been filed. Some courts have online services. You should also consider hiring a lawyer in Illinois.
Answered on Aug 28th, 2013 at 10:18 AM
Thomas Edward Gates
You are jumping the gun and will not see anything from the estate for 8 to 12 months. Your sister has to file the will with the court and be appointed Executor. Once appointed, she is to notify the beneficiaries of the appointment and provide them with the will. If she refuses to do so, you can view the will in the court records.
Answered on Aug 28th, 2013 at 10:18 AM
I f you are concerned, file a Demand for Notice in the estate proceeding and hire an attorney to assist you.
Answered on Aug 28th, 2013 at 10:18 AM
2 Awards
Not sure why you are asking this question in CA. Honestly you need to hire an attorney in Illinois to force the will out and into probate. Don't wait as your sister will clearly not do you any favors.
Answered on Aug 28th, 2013 at 10:18 AM
It usually takes several months to file the will in the probate court, gather and secure the assets of an estate, notify the creditors, and identify all of the potential heirs. The executor also has to file a number of reports, pay any taxes due, and prioritize and then pay off the creditors. Only then,can she pay out any inheritances. It could take a year for all of this to be accomplished, and even longer if the estate is complex. If the estate only has enough assets to pay off the creditors, there will be nothing left for the heirs. All of this is controlled by state laws and your sister doesn't have a choice in how she can proceed. You're just going to have to wait.
Answered on Aug 28th, 2013 at 10:18 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This got posted to the Michigan Q & A section and I am not sure why. It would appear that it should be posted in Illinois. You should consider re-posting and using Illinois as the location. Speaking very generally, it is FAR too early for you to expect to be receiving your inheritance, at this time. In many cases, an estate is not even opened, within the month following the death. The best news you could have got is that your sister is hiring an attorney. He/she will make sure that your sister does what she is supposed to.
Answered on Aug 28th, 2013 at 10:17 AM
You would have to check with an attorney in Illinois as to whether there is a time limit. If she has filed the Will for probate in the county where any land was owned by your aunt, you may be able to look up the case on line. As executor she will have to file a report as to the assets.
Answered on Aug 28th, 2013 at 10:17 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You are going to have to get an attorney to help you by filing papers in the probate court. You should hire an attorney who practices in that area.
Answered on Aug 28th, 2013 at 10:17 AM