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IL probate laws, duties of the executor

Chicago, IL |

IF WE ARE IN THE WILL DO WE GET A RIGHT TO SEE WHAT IS BEEN PAYED FOR . BY THE EXECUTOR AND DO WE GET A RIGHT TO SEE THE BILLS

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Attorney answers 4

Posted

I am not licensed in Illinois, but I believe I can answer your question generally, and perhaps a local attorney can either here or someone you meet with contribute something more.

Generally, a beneficiary has a right to demand a formal final accounting be submitted by the executor to the local court that handles probate matters (in my state and in many states, it is called the Orphans' Court). This accounting can a cumbersome thing for the executor, often but not always required to be prepared, and where it is not required the parties often work out an informal solution, such as the executor providing copy of death tax returns, or other information that a beneficiary might want to see and an executor might not object to providing.

During the course of administration, if I represented the executor, I would be very hesitant to constantly be notifying beneficiary when a bill has to be paid, but I would generally try to be as reasonable with the beneficiary, so long as the beneficiary is being reasonable with the executor.

I hope this helps. But I definitely suggestion meeting with a local probate attorney.

Posted

In Illinois, it is the executor who pays the bills. Generally if the estate if the executor is an independent administrator, you would not see the bills. (The whole point of having an executor is to allow one person instead of all the heirs to review and pay bills - this is a time saving and expense saving device). If you however have serious doubts about the executor's ability to manage these tasks, then you can and should ask for an accounting, with proof of the actual bills. This you are entitled to. (Note however there are some judges who will approve the acts of an executor without requiring them to present proof of any bills, despite a request by the beneficiaries - this is rare however).

So , the response and outline that you received at this site previously is basically the same process as in Illinois.

[Disclaimer: nothing herein creates an attorney-client relationship or is to be construed as a legal advice applicable to the facts of your case].

D. Ainsworth

Posted

In Illinois, it is the executor who pays the bills. Generally if the estate if the executor is an independent administrator, you would not see the bills. (The whole point of having an executor is to allow one person instead of all the heirs to review and pay bills - this is a time saving and expense saving device). If you however have serious doubts about the executor's ability to manage these tasks, then you can and should ask for an accounting, with proof of the actual bills. This you are entitled to. (Note however there are some judges who will approve the acts of an executor without requiring them to present proof of any bills, despite a request by the beneficiaries - this is rare however).

So , the response and outline that you received at this site previously is basically the same process as in Illinois.

[Disclaimer: nothing herein creates an attorney-client relationship or is to be construed as a legal advice applicable to the facts of your case].

D. Ainsworth

Posted

If you are concerned with the actions of the executor, usually the sooner you hire an attorney the better. If there are several heirs with similar interests/concerns, you may be able to hire an attorney together at least to the extent of the common concern.

Generally, independent administration is used in Illinois, which means that most of the activity occurs without court involvement and without the heirs or legatees seeing much of the activity until a final accounting is presented. As long as the heirs and legatees sign off on the final account, the court does not review the account. A form is available to request supervised administration, which means the court will be involved. If there are concerns, requesting supervised administration should be a step to take.

Generally, even in the best case scenarios, most estates are not closed for about one year. Many stretch beyond one year.

Your question did not provide enough information to really address a specific concern and the nature of this website does not allow the type of interaction necessary for an attorney to adequately advise you. You should gather the information available to you and speak with an attorney.