QUESTION

Is there any legal action to be taken against my two sisters after but they broke in the vacant home, changed locks and took things from it?

Asked on Jun 19th, 2014 on Estate Planning - Illinois
More details to this question:
I am executor of my momโ€™s estate. We are looking for paper trail for some money that was missing, discovery so to speak.
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3 ANSWERS

Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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The executor has the duty to secure the property of the estate. As executor you should change the locks so you control access. If the property taken from the home is valuable and was not to be distributed to those that took the property then the executor could file a citation to recover estate assets. The executor has broad discovery powers and can subpoena financial records from financial institution the decedent dealt with.
Answered on Jun 24th, 2014 at 9:27 AM

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Yes. You can file a citation to discover assets, which basically allows you to demand documents and take a sort of deposition. If you uncover that they're withholding estates assets, then you file a citation to recover assets. As executor, you have counsel to advise you on matters like this.
Answered on Jun 20th, 2014 at 11:50 AM

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Who owns the home. Who saw them go in. If the home is part of the estate and you are the executor appointed by the court, and went into the house without your consent, go to the police. Missing money cash bank withdrawals ..are treated very differently. Cash is hard to prove. Checks leave a paper trail.
Answered on Jun 20th, 2014 at 9:02 AM

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