Estate Law

[rogain69]

Hello All, nice site here.

I have, probably, a simple question. I live in IL and my mother is the executor of my grandfathers estate. My mother was wanting to buy my grandfathers home, but the lawyer told her she could not, it would be a confilct of interest. Is this correct? Is there a work around?

 

[seniorjudge]

Hello All, nice site here.

I have, probably, a simple question. I live in IL and my mother is the executor of my grandfathers estate. My mother was wanting to buy my grandfathers home, but the lawyer told her she could not, it would be a confilct of interest. Is this correct? Is there a work around?

What you do in an instance like that is for the court to appoint a temporary personal representative and have a hearing on the sale. If the court approves it, then the temporary personal representative signs the deed to ma.

Get a new lawyer.

 

[rogain69]

thanks for the response, I appreciate the help.

 

[seniorjudge]

thanks for the response, I appreciate the help.

You are welcome.

 

[dmode101]

Illinois probate code has no provision for a "temporary personal representative". There is a provision for a "special administrator" but I don't really think that applies here. Your attorney's concern is with the appearance of self-dealing, and it is a valid concern. That said, that doesn't mean it can't be done. What you mother needs to do is have all interested persons (heirs, legatees, possibly creditors) and the court agree with and sign off on the sale. If everyone agrees then go to court and get an order for the sale and she's good to go. Having a special administrator doesn't really change this. The self-dealing concern would still be there. If everyone cannot agree then you can still go to court to try to get an order, but the judge will probably not be too keen on approving the sale to the executor if the beneficiaries object to it.

 

[seniorjudge]

Illinois probate code has no provision for a "temporary personal representative". There is a provision for a "special administrator" but I don't really think that applies here. Your attorney's concern is with the appearance of self-dealing, and it is a valid concern. That said, that doesn't mean it can't be done. What you mother needs to do is have all interested persons (heirs, legatees, possibly creditors) and the court agree with and sign off on the sale. If everyone agrees then go to court and get an order for the sale and she's good to go. Having a special administrator doesn't really change this. The self-dealing concern would still be there. If everyone cannot agree then you can still go to court to try to get an order, but the judge will probably not be too keen on approving the sale to the executor if the beneficiaries object to it.

Wouldn't it be best for all concerned if ma (if she wants the land so bad) to just resign as personal representative?

I'll bet there was dicta on this point in MAIERHOFER but the published report left out the juicy stuff!

http://64.233.167.104/search?q=cache:79agDeoN9tMJ:www.state.il.us/court/Opinions/AppellateCourt/2002/3rdDistrict/March/Wp/3010428.doc+illinois+probate+special+administrator&hl=en&lr=lang_en&client=firefox-a


"...[Nonpublishable material under Supreme Court Rule 23 omitted here.]

Francis next argues that the executor lacked the authority to petition the court to transfer possession of the Tedford farm and the Morris house because the trial court's order of July 31, 2000, transferred possession of those properties to the independent special administrator, LaSalle National Bank. We are aware of no principle of law, however, to support the proposition that appointment of a special administrator for a limited purpose divests the executor of authority over the estate after the special administrator has completed his task...."