I
IL Curiousity
Guest
What is the name of your state? IL (+ FL)
Father was a resident of IL, will/trust created in IL, however, he passed away while in FL for the winter and brother who lives in FL was named Executor of will which simply pours over into a Trust in which he is also the Administrator. It seems that he is doing whatever he wants and any "notices" being published are only being done only in FL, not IL. He said he didn't have a problem sending a copy of the Trust to me, but never has sent it, have considered requesting a copy via certified mail, but don't want to "piss him off" due to #2 below.
1) When he goes to close the estate, don't all the heirs (2 others are in IL, one in MN) have to be notified via some sort of letter?
Or can he simply "publish" it in FL without our knowledge?
Also, do we have to be present in FL for this closing in order to view the accounting or can we request the info. be sent to us and take the matter from there?
2) We were caring for my father 6 months immediately following a stroke, just before he went to FL, and we purchased a home together...due to the fact that my brother in IL had swindled him while he was in the hospital (he had POA), my father was leary of trusting anyone and requested we sign an "On Demand Note" for what amounts to 1/2 the purchase price of the house, he said he intends the house to be a gift to us in appreciation for us being there for him, but feels he must protect himself from being taken advantage of again and not having a home when he returns from FL. He also told us in front of his lawyer that the note dies with him. We understood this and had no problem signing the note, our concern was our father's well-being, nothing more.
*When we questioned my brother in FL about finding the note, they could not locate it and we figured my father must have made sure he tore it up as an act of "forgiveness". But a month later we are told they got a copy of it from the lawyer! Is that admissable? My father made sure his lawyer had a copy of all his important papers as they were created, and kept all his copies either in his briefcase of a safe deposit box...their only record of it ever existing being at the lawyer's office indicates to us that my father truly forgave the note/destroyed it. Can they demand the note?
Father was a resident of IL, will/trust created in IL, however, he passed away while in FL for the winter and brother who lives in FL was named Executor of will which simply pours over into a Trust in which he is also the Administrator. It seems that he is doing whatever he wants and any "notices" being published are only being done only in FL, not IL. He said he didn't have a problem sending a copy of the Trust to me, but never has sent it, have considered requesting a copy via certified mail, but don't want to "piss him off" due to #2 below.
1) When he goes to close the estate, don't all the heirs (2 others are in IL, one in MN) have to be notified via some sort of letter?
Or can he simply "publish" it in FL without our knowledge?
Also, do we have to be present in FL for this closing in order to view the accounting or can we request the info. be sent to us and take the matter from there?
2) We were caring for my father 6 months immediately following a stroke, just before he went to FL, and we purchased a home together...due to the fact that my brother in IL had swindled him while he was in the hospital (he had POA), my father was leary of trusting anyone and requested we sign an "On Demand Note" for what amounts to 1/2 the purchase price of the house, he said he intends the house to be a gift to us in appreciation for us being there for him, but feels he must protect himself from being taken advantage of again and not having a home when he returns from FL. He also told us in front of his lawyer that the note dies with him. We understood this and had no problem signing the note, our concern was our father's well-being, nothing more.
*When we questioned my brother in FL about finding the note, they could not locate it and we figured my father must have made sure he tore it up as an act of "forgiveness". But a month later we are told they got a copy of it from the lawyer! Is that admissable? My father made sure his lawyer had a copy of all his important papers as they were created, and kept all his copies either in his briefcase of a safe deposit box...their only record of it ever existing being at the lawyer's office indicates to us that my father truly forgave the note/destroyed it. Can they demand the note?