Will not filed by executor

[john110960]

What is the name of your state? IL

One of my sisters passed away 10/2003, my other sister is the executor for the will but never filed the will in court. My deceased sister has a 20 year old son who was to receive her entire estate with cash in the amount of 150,000.00.

My living sister will not give the money to my nephew until he is 25 years old. Can the executor withhold this money even though the will was never filed in court?

Thanks for your help with this...

 

[seniorjudge]

What is the name of your state? IL

One of my sisters passed away 10/2003, my other sister is the executor for the will but never filed the will in court. My deceased sister has a 20 year old son who was to receive her entire estate with cash in the amount of 150,000.00.

My living sister will not give the money to my nephew until he is 25 years old. Can the executor withhold this money even though the will was never filed in court?

Thanks for your help with this...

The son needs to file for probate immediately; the executor is not allowed to make these kinds of decisions.

 

[pojo2]

Don't be too surprised when you learn that cash is no longer there.

 

[Dandy Don]

You will first need to get a copy of the will (and consult with an attorney to find out if you need to go to court to ask the judge to ask that the will be produced for court or not) to find out if there are any conditions placed on when the money should be given. There could be a stipulation in the will that he not be given the money until he reaches a certain age, but you should at least find out the details of where (what bank) the money is being held and what happenss in the future if the executrix dies--hopefully the account is being held and managed by a bank and professional trustee.

DANDY DON IN OKLAHOMA ([email protected])

 

[john110960]

The will did stipulate that he was not to get all of the money until he turns 25 (9/2008). However, it also stated that the mney was to be used for his well being and housing. He is pretty much homeless now and floating from house to house and my sister (the executor) doesn't want to do anything to help him.

Can she legally not file the will and still be able to dictate how the money is handled (which is in a bank account). I am the secondary exector named in the will (if that matters)...
I did not get a copy of the will, but I know another sister does have one that she will give me.

I appreciate everyone's help with this.

 

[xylene]

The will did stipulate that he was not to get all of the money until he turns 25 (9/2008). However, it also stated that the mney was to be used for his well being and housing. He is pretty much homeless now and floating from house to house and my sister (the executor) doesn't want to do anything to help him.

Now, you need to look at the legal aspects and the parenting/moral aspects.

Perhaps the exec. is well meaning if a bit wrong headed about not wanting to enable a young persons disfunctional lifestyle.

Why is this young person homeless?

If it is drugs/alcohol/ mental ill... I see every moral reason in the world to keep every penny away from him until he is in a right mind and place (or at least until 25).

 

[john110960]

Legal vs Moral....

Does my sister have the legal right not to file the will?

I understand from the moral aspect why she doesn't want to give him the money, but if the will has not been filed, how can she legally hold onto money that does not belong to her, but legally belongs to my deceased sister's son.....

 

[BelizeBreeze]

Legal vs Moral....

Does my sister have the legal right not to file the will?

I understand from the moral aspect why she doesn't want to give him the money, but if the will has not been filed, how can she legally hold onto money that does not belong to her, but legally belongs to my deceased sister's son.....

JESUS H. CHRIST.

HAS probate been filed? If not then file intestate and force the will.

 

[Dandy Don]

No, she does not have the legal right to withhold the money, but she mistakenly thinks she has the right to do it just because she is named as executrix in the will--but what she doesn't realize is that she is not official executrix until the will is filed. Get an attorney to open up probate, as you have been advised, and then she will be forced to produce it. She seems to be withholding it out of spite or for some other reason.

DANDY DON IN OKLAHOMA ([email protected])

 

[john110960]

That is what I will do....

Thanks everyone for your help with this!

 

[Dandy Don]

Even if you get her to produce the will, she is still going to be in control of the money, since she must abide by the stated wishes in the will/trust. If you have proof that undue influence was used you need to discuss with an attorney whether you wish to contest this provision, and it will be expensive to do so. You may instead want to consider trying to negotiate with the trustee to see if some type of agreement can be reached.