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Just found out father's estate has been in probate for years, do not know anything about it. I was told there is no will

Ottawa, IL |

Father died 9 years ago, and all my mother received was life insurance. father's orders were to take care of his kids and wife after his death. he named his brother executor of estate. after his death no one has heard anything from his brother and I went and found out his estate has been in probate for numerous 5+ years and uncle does not co respond with anyone. Is there a discovery process to find out what is in the estate and why it is in probate for so long? and why would he detach himself from our family for so long with this open? before dad died he said there was enough for his 2 girls and wife to fend for themselves for a long time. we know nothing of the process. went to the clerk and they said there was abtou 5 inches of microfilm on this case, could there be something there?

I have an uninformed yet bad feeling that something bad is going on here, am i just being foolish? and what are my options if any

Attorney Answers 3


  1. You need an experienced probate attorney. This is highly unusual. You have a right to be concerned. Don't delay any longer.


  2. A consultation with a local probate attorney is in order. Bring a copy of the probate file if you can.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.


  3. This is very odd. You should contact an attorney to assist you. It may be that the brother was trying to do this on his own, and simply does not know what to do next, or there could be something more nefarious.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

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