I'm in Illinois ... this is a little long, but covers the info I hope ...
My Uncle's estate closed seven months ago. The POA/executor secretly became an heir in the last year of his life while my Uncle was on narcotics, and alone in a nursing home. The executor had changed the estate lawyer from my uncle's lawyer of 30 years, to a friend of his. I had been caring for my uncle mostly for a few years, before he was moved to the nursing home for his last year and a half. But the will was not contested, as I did not know of any claim I had.
My Mother had a share and we purchased part of my Uncle's farm. The executor purchased a part, but got no written permissions from the other heirs, and I believe gave himself a discount. He is also a neighbor, and our access runs through part of his property. Our purchase agreement had our access written in, but they claimed the neighbor was only acting as executor when he signed, so it was less than legit. The estate lawyer actually FAXed a copy that had my access rights removed, but it was verified with the executor and witnesses that my access and rights to a spring were in the real agreement. (this seemed a deliberate fraud that was overlooked)
At a meeting with the surveyor, our access was to be surveyed in, as discussed at the meeting, after viewing the executor's copy of my agreement During that meeting, the executor/neighbor and his wife were present, and they as neighbors agreed to our surveyed access. But the executor/neighbor/buyer/heir then apparently removed that after our meeting, so our access did not appear on the plat, except as "existing lane". (does that verbal agreement with witnesses hold any water?)
So our contract was broken on this and another issue of water rights, and three parcels were sold to other buyers in breach of my agreement. Disallowing our surveyed access improved the executors neighboring property, so he had a conflict of interest.
The estate's lawyer's response to my disagreement of the neighbor/executor/heir negotiating his own deal was to allow the executor to purchase his parcel, also in breach of our agreement. We did close, as there was another buyer and I felt compelled to keep the family farm. My local lawyer was incommunicado. That was perhaps a mistake, but it did keep them from selling to another.
Before the estate closing I got another lawyer who was able to get the estate lawyer and executor to agree to our access, as it should have been done since it was agreed to in writing, but was removed in conflict of interest by the executor. But before that was settled, the estate lawyer moved to close the estate. We got the date extended a week, during which time the agreement for access was signed, but one small but necessary parcel left off.
My lawyer met with the estate lawyer the day before the final hearing, and assured me the estate lawyer had agreed to add that parcel. He assured me it would be added without going back to them ... but it was not filed till I reminded him recently, and then without the extra parcel. So I could still be blocked on this one little piece of our 1/2 mile lane. Since it has been our lane for 100 plus years, it seems we could get it if we had to, by making a claim for a prescriptive easement, but it should have been resolved before closing.
First I feel my lawyer did not protect my interests. Second I feel the estate lawyer used the access issue as leverage to keep us from the final hearing. My lawyer actually seemed complicit ... they share the same small building. There were several other issues that were "fishy". But without this last minute agreement, we could be blocked till the issue was resolved in court. I care for my Mother on the farm, so that was not acceptable.
Is there a chance I can get the estate "reopened" since the estate lawyer attempted and did close without this large issue being resolved? It was either a mistake or fraud, so could be re-examined? Or is the only way now, to file a suit? It seems this is a claim perhaps, that was not dismissed, but was not satisfied, though the ground is actually separate from the estate, it was part of the purchase agreement agreed to by the neighbor/executor.
Or is the verbal agreement by this lawyer binding? It seems they took many things from me with only a verbal agreement.
The hard evidence (I guess) is the access agreement signed after the estate lawyer moved to close. The agreement for access was from the executor, but he was acting as the neighbor on that issue. The left out third parcel could be called a mistake, though it appeared very deliberate as I spelled out that I needed that parcel. In any case the move to close was before this major "procedure" or "administrative duty" was completed.
Going back to my lawyer just now, I insisted on adding what he had promised me, but now he did not comply. I'm not sure where to turn next. We have frontage in another direction, but it would require 1/2 mile of new road, and put us almost a mile further from town. This has been the executor's intent, it would seem. Both the executor and estate lawyer are about 81 years old.
My Uncle's estate closed seven months ago. The POA/executor secretly became an heir in the last year of his life while my Uncle was on narcotics, and alone in a nursing home. The executor had changed the estate lawyer from my uncle's lawyer of 30 years, to a friend of his. I had been caring for my uncle mostly for a few years, before he was moved to the nursing home for his last year and a half. But the will was not contested, as I did not know of any claim I had.
My Mother had a share and we purchased part of my Uncle's farm. The executor purchased a part, but got no written permissions from the other heirs, and I believe gave himself a discount. He is also a neighbor, and our access runs through part of his property. Our purchase agreement had our access written in, but they claimed the neighbor was only acting as executor when he signed, so it was less than legit. The estate lawyer actually FAXed a copy that had my access rights removed, but it was verified with the executor and witnesses that my access and rights to a spring were in the real agreement. (this seemed a deliberate fraud that was overlooked)
At a meeting with the surveyor, our access was to be surveyed in, as discussed at the meeting, after viewing the executor's copy of my agreement During that meeting, the executor/neighbor and his wife were present, and they as neighbors agreed to our surveyed access. But the executor/neighbor/buyer/heir then apparently removed that after our meeting, so our access did not appear on the plat, except as "existing lane". (does that verbal agreement with witnesses hold any water?)
So our contract was broken on this and another issue of water rights, and three parcels were sold to other buyers in breach of my agreement. Disallowing our surveyed access improved the executors neighboring property, so he had a conflict of interest.
The estate's lawyer's response to my disagreement of the neighbor/executor/heir negotiating his own deal was to allow the executor to purchase his parcel, also in breach of our agreement. We did close, as there was another buyer and I felt compelled to keep the family farm. My local lawyer was incommunicado. That was perhaps a mistake, but it did keep them from selling to another.
Before the estate closing I got another lawyer who was able to get the estate lawyer and executor to agree to our access, as it should have been done since it was agreed to in writing, but was removed in conflict of interest by the executor. But before that was settled, the estate lawyer moved to close the estate. We got the date extended a week, during which time the agreement for access was signed, but one small but necessary parcel left off.
My lawyer met with the estate lawyer the day before the final hearing, and assured me the estate lawyer had agreed to add that parcel. He assured me it would be added without going back to them ... but it was not filed till I reminded him recently, and then without the extra parcel. So I could still be blocked on this one little piece of our 1/2 mile lane. Since it has been our lane for 100 plus years, it seems we could get it if we had to, by making a claim for a prescriptive easement, but it should have been resolved before closing.
First I feel my lawyer did not protect my interests. Second I feel the estate lawyer used the access issue as leverage to keep us from the final hearing. My lawyer actually seemed complicit ... they share the same small building. There were several other issues that were "fishy". But without this last minute agreement, we could be blocked till the issue was resolved in court. I care for my Mother on the farm, so that was not acceptable.
Is there a chance I can get the estate "reopened" since the estate lawyer attempted and did close without this large issue being resolved? It was either a mistake or fraud, so could be re-examined? Or is the only way now, to file a suit? It seems this is a claim perhaps, that was not dismissed, but was not satisfied, though the ground is actually separate from the estate, it was part of the purchase agreement agreed to by the neighbor/executor.
Or is the verbal agreement by this lawyer binding? It seems they took many things from me with only a verbal agreement.
The hard evidence (I guess) is the access agreement signed after the estate lawyer moved to close. The agreement for access was from the executor, but he was acting as the neighbor on that issue. The left out third parcel could be called a mistake, though it appeared very deliberate as I spelled out that I needed that parcel. In any case the move to close was before this major "procedure" or "administrative duty" was completed.
Going back to my lawyer just now, I insisted on adding what he had promised me, but now he did not comply. I'm not sure where to turn next. We have frontage in another direction, but it would require 1/2 mile of new road, and put us almost a mile further from town. This has been the executor's intent, it would seem. Both the executor and estate lawyer are about 81 years old.