Closing an out of state estate ?

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?

This situation is a little bit complicated, so you will need to consult with a local probate attorney in IL and in FL to get a definitive answer to your questions.

The correct term for the person who is managing the trust is "TRUSTEE", not Administrator, but I knew what you meant.

The main determination of what probate law applies is the state where the DEATH occurred, which in this case is Florida. However, if the decedent owned a home or property in Illinois, then those items (and possibly other financial assets) will also need to be probated in Illinois, so this executor at some point will also need to have a probate file opened in Florida for this decedent.

Yes, it would be wise to request a copy of the trust by certified mail, but first you need to ask a trust attorney if you are entitled (by state law--or research Illinois probate/trust law yourself by going to the website www.findlaw.com, clicking on the State option, and look for an online version of Illinois Compiled Statutes, Chapter 760, Paragraphs 5/1+) as a beneficiary to request a copy (I think you are but I'm not sure).

Anytime there is a trust pour-over to a will, the trust must be identified in the will, and the terms of the trust must be in a document other than the will and signed BEFORE OR AT THE SAME TIME as the will.

How much is the note?
Do you have a copy of the will?

Father should have not just PROMISED ORALLY that the note dies with him, but he should have put that provision in the will, but it is understandable if he forgot to do that.

You must give the executor/trustee the benefit of the doubt for now, because he is too busy taking care of handling the business affairs of the trust and the will, paying bills and claiming assets. He should, in due time, after he has had a chance to sort everything out, be communicating with you about what you are eligible to receive. You can view the accounting information after the estate has closed--it would be rude and bothersome to request it before then

If he was an ethical person, he should also be publishing proof of publication (notices about when the probate hearings will be held, etc.) in Illinois (or better yet, mailing copies to the heirs directly), but if he is trying to keep you all in the dark he probably is only publishing in Florida (or probably not even doing that).

If you have a friend or relative who lives in the same city/county where probate is being done, you should have that person watch for notices in the local daily newspaper legal classified section, or legal newspaper section, but it would be better to ask the executor to notify you of when probate hearings are going to be held.

DANDY DON

DANDY DON

Thank you so much for your reply! It will be very helpful!

*In this part of your reply, you are basically saying that probate should be done in both states since there IS a condo located in IL, correct? (I don't believe IL is having any probate proceedings)
"The main determination of what probate law applies is the state where the DEATH occurred, which in this case is Florida. However, if the decedent owned a home or property in Illinois, then those items (and possibly other financial assets) will also need to be probated in Illinois, so this executor at some point will also need to have a probate file opened in Florida for this decedent. "

*What sort of "document" are you referring to? All we know of is the will and trust, which we were told by the IL lawyer who wrote the will and trust we do have a right to, but to request it from the Executor first, who said he would send it several times, but never has.
"Anytime there is a trust pour-over to a will, the trust must be identified in the will, and the terms of the trust must be in a document other than the will and signed BEFORE OR AT THE SAME TIME as the will. "

*The note is for $59,000 (his share of the purchase of our home-which was obtained in joint tenancy)
*Yes, we obtained a copy of the will from the courthouse, it doesn't say much, it just refers to the trust.

*He has only published in FL, no communications have ever been sent to family about the passing of my father or anything to do with the estate to anyone. I found out the FL courthouse by searching the internet, thankfully, they have on-line access to public records! This is our only way of finding out what he is really doing, if the court doesn't know, neither do we. Which brings me to a new question: in the public records it mentions the following:
"order to correct deficiencies-notice printed"
*What does this mean?
(I can only track the process, access to the actual document is not allowed for viewing over the internet, except for the "Ancillary Letters of Administration" and "order admitting will to probate and appointing personal representative")
I found a newspaper online in the area, but haven't found anything, but who knows what paper he is printing out of?

*When the estate is closed and the accounting is done, the accounting will cover everything done in regards to the will as well as the trust...correct? (as I understand it, my father put everything in the trust to keep it more private from the public and to ensure his wishes were not tampered with)

I'm going to check out that website now...
Thanks so very much for your help!!!

What I was saying was that eventually probate is going to have to be done in ILLINOIS (I mistakenly said Florida in my previous posting) to take care of the condo ownership questions and other questions legally. Whether or not the executor is even aware of this or if he does or does not intend to do this, is something that I don't know the answer to. You will have to inform him of that yourself or have someone else do it.

The accounting for the trust will never show up in the probate file, because the trust and the will are 2 separate legal matters. Even though they are related, the will and estate documents are public record. The trust and its related documents are always private and known only to the trustee and the beneficiaries, and trusts are specifically designed to avoid probate. You can request the accounting information on the trust at the same time you request the copy of the trust, or wait until you receive whatever you are going to receive from the trust to also request an accounting of the trust. You need to send the trustee a certified letter asking him when does he think would be a reasonable estimated date of when the beneficiaries can expect to receive what they will be receiving from the trust.

The document I was referring to was the original trust.

I repeat, any questions you have about this can only be answered by a local probate attorney who is familiar with local laws.

DANDY DON

Thanks!!!

Thanks so much for all your help...I really appreciate it!!!