filed and forgotten

[mariey]

My father died 3 years ago, named my sister executor in the will but clearly stated that his estate be divided between his three children. He gave permission for my sister also to live at the estate for 4 years. She has done that and nothing else other than filing the will. I hired a lawyer to help get things going, but she didnt submit any information to him. My question is although we have waited these three years can we still legally execute the will after this 4 year period is up? His house is in Illinois. I have no idea what bills she has paid, or anything.

 

[advisor10]

MAY 22, 2001

DEAR MARIEY:

You may be a little confused (or perhaps were misled) about the probate process when you say your sister has done "nothing else other than filing the will". If the will was filed at the county courthouse, then the probate procedure has begun, and the process is normally completed within a few months (or longer, if needed, in special circumstances).

The first thing you need to do is check at the county courthouse to look at your father's probate file (containing the will and any other papers regarding the estate--such as bills paid, other assets he had, etc.). You will need to know the month and year he died, as well as the city/state (you didn't say but I assume he died in Illinois). You can get copies of the will and any other documentation in the file if you wish.

Was your father's permission (to let her live at the estate for 4 years) mentioned in writing in the will or elsewhere, or is that merely just a verbal promise? You should also examine the probate file to see if the title/deed to the house is in there (or if it isn't then go to the county courthouse to get a copy of the title/deed to find out exactly who owns the house) or examine the will to find out if it specifies who should be the current owner of the house.

I'd be willing to bet anything that this estate is now closed and that your sister tried to keep you all in the dark by not telling you any information about it.

If the will has not been filed, then I'm assuming it can be filed now, but I'm not actually familiar with Illinois law.

SINCERELY,

[email protected]

 

[dmode101]

In Illinois, it is in fact possible to 'file' the will without actually 'probating' it. By law, all wills must be filed after death whether or not probate is necessary. But yes, I agree that you should check with the county court to see if a probate estate was ever opened. If it was, then it sounds like you were not given the required notices. There is no time limit on when probate must be initiated. If there are still assets in your father's sole name (and they exceed $50k or any real estate), then probate will need to be initiated at some point to transfer the assets. If probate is in fact necessary and your sister refuses to take any action, then might want to petition the court to have yourself appointed as administrator of the estate.