QUESTION
Is there a limitation on time that I may pursue an executor of a will that I am named in?
Asked on Jul 05th, 2012 on Wills and Probate - Illinois
More details to this question:
What are my rights as a beneficiary of a will that has been through probate, and has assets that I never been notified of, or received. The executor claims, (in an e-mail) ,(the only contact that I have received), that all monies were left to him..ie..checking, savings, cd, safety deposit box, 401K, and pension accounts. How is this possible if the will clearly stated that "all" assets to be divided equally, and what can I do now to pursue it?
1 ANSWER
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Your question begs other questions: Are you named in a Will? Was the Will changed? Has the Will been through the probate process? If a Will is probated in the State of Illinois, all beneficiaries are required to be notified. The fact that you have not gotten any notice leads me to believe that the Will, if there is one, has not been through the probate process. Wills must be filed in the Circuit Court in the county in which the person died. You should check to see if a Will has been filed and get a copy of it. It is possible that the person who died changed his/her Will at some point. Another possibility is that the assets owned by the decedent (person who died) were not "subject to probate". Assets that are not subject to probate include assets held in joint tenancy, assets that are payable on death, assets with a beneficiary designation and assets held in trust. If the assets fit into those categories, they pass outside the Will and are not subject to a probate process. They are "non-probate" assets. Joint tenancy property passes to the surviving joint tenant(s). Assets that are payable on death (POD) pass to the designated payee. Assets with beneficiary designations pass to the designated beneficiaries. None of those types of assets a subject to a Will, and those non-probate assets are not subject to the probate process. If you believe that you were named in the Will and that there were assets subject to the Will/probate, then you should contact an attorney.
This answer is not intended to form an attorney/client relationship and is meant only as a general statement of the law. Specific advice and counsel should be sought from a local attorney.
Answered on Sep 21st, 2012 at 12:56 PM