Deceased's wishes listed in WILL not carried out....

[wmw]

What is the name of your state? Illinois


The deceased made her son the Executor of the estate. However, he lives in another state. Her daughter lives in the same state and has keys to her house.

Is she allowed to enter the house?
Can she remove items from the house?
What happens if items willed to you are not there @ the end of probate?
When should inventory be done and who should do it?
What do you do if items are removed from a piece of furniture that you have been WILLed that is supposed to contain contents?


Also, if the deceased includes in the will that she is to be cremated and where to be cremated and it is done somewhere else, can anything be done?

Thanks!

 

[HomeGuru]

What is the name of your state? Illinois


The deceased made her son the Executor of the estate. However, he lives in another state. Her daughter lives in the same state and has keys to her house.

Is she allowed to enter the house?
Can she remove items from the house?
What happens if items willed to you are not there @ the end of probate?
When should inventory be done and who should do it?
What do you do if items are removed from a piece of furniture that you have been WILLed that is supposed to contain contents?


Also, if the deceased includes in the will that she is to be cremated and where to be cremated and it is done somewhere else, can anything be done?

Thanks!

**A: please address your questions to the probate attorney.

 

[Dandy Don]

Does the executor son know everything that is going on? Suggest to him that if he does not have the time or the convenience to serve as executor, he should hire a probate attorney to serve for him. He needs to exert control pretty soon or the daughter will have disposed of virtually everything.

The family does have a certain amount of leeway/discretion to decide how the cremation is to be done. There may have been an extenuating circumstance (that you are not aware of) that resulted in them having to do it differently than what the decedent wanted.

If daughter has keys, then she has legal right to access to the home. If son doesn't want her in there he should get the keys from her.