A sibling filed this to sell property. Also never received any proceeds from estate in Illinois.
Estate Planning Attorney
That makes very little sense, in fact it makes zero logical sense. See a lawyer if you suspect fraud.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
Estate Planning Attorney
I definitely suggest you locate a probate attorney in your area who can assist you as it seems from the limited facts you have provided that some sort of fraud has occurred.
For more information on my practice, call 703-658-6050 or go to www.deblaw.com. This answer is only for informational purposes. Please remember this is not intended as legal advice and does not create an attorney-client relationship. Every case is special and more information would be needed to provide you the best legal advice possible. Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback.
I'm sorry to hear about what sounds like it may be a difficult situation to unravel. I'll do my best to point you in the right direction.
I am not sure of what the whole situation is from your question. It looks like the estate may have been pending in Illinois and real estate may have been in Georgia, but I’m not sure. I’ll answer as if the estate were in Georgia. Please understand that if the estate was in Illinois, the answer may be different.
This sounds like a situation where someone committed fraud of some kind upon the estate and the heirs of the estate. Typically, an executor’s deed is only used when someone dies with a valid last will and testament. If there is no valid will, then an administrator’s deed is used. Although there is not a large difference in the substance of the two deeds, an executor’s deed will usually state that the deceased died leaving a last will and testament and state the date the will was signed.
When the date of the will in the executor’s deed is after the date of death, something fishy is going on. So, what can you do to find out whether there is fraud or not?
Before I start, I have to warn you that situations like this are very complex and I recommend that you seek the assistance of an experienced probate attorney to help you.
One of the first tasks is to get a copy of the alleged will that the executor’s deed refers to so you can see the date on the will for yourself. It could be that the deed was just written up wrong or there was a typo. You should be able to get a copy of the will from the probate court (if it was filed). If the probate court does not have a copy of the will, then the situation is starting to sound a lot more like fraud.
While you are at the probate court, ask to get a copy of the entire file for the estate. That will give you valuable information about who filed what, and when. Take a look at the first petition filed – did that petition claim there was a will or no will? Do you see any later documents explaining that a will had been found?
These first two steps will arm you with a lot of valuable information that can make sorting out the situation easier. There is much more to do if it looks like the estate has been the victim of fraud.
As I mentioned before, it is well worth it to involve an experienced probate attorney early in this process. Depending on how much time has passed, there may be issues with statutes of limitation or other legal barriers to taking action. A qualified probate attorney will be able to guide you on how best to deal with those issues, as well as the best strategy to rectify the fraud.
If the estate was in Georgia and you would like to discuss this situation further with my office, please go to http://www.georgiaprobateguide.com/free-consultation/ to set up a time for us to talk.
Either way, I hope this overview helps you and I wish you the best of luck with this situation.
I am not providing you with legal advice, but am simply providing general information. We do not have an attorney / client relationship simply by virtue of my responding to this question. An attorney / client relationship will only arise when you and I enter into a written engagement agreement.