If my sister is the executor of my brother’s Will and refuses to give me, beneficiary an account of the Will, what can I do?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my sister is the executor of my brother’s Will and refuses to give me, beneficiary an account of the Will, what can I do?

My brother died almost 2 years ago, yet I still have no accounting of what happened with his estate. How long do I have to wait? He died in while we were caring for him at his house. My sister avoids questions about the Will and refuses to answer me. Can I make her answer me? One fact that I know, there was a payment of an insurance check of $20,000 which we were to split as the will said half for each of us his only surviving siblings I got 1 payment of $5000 and another of $2000 and told that was all I I would get.

Asked on August 27, 2019 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file a legal action traditionally called an action "for an accounting" (your state may have a different name for it) in probate court. This is exactly what it sounds like: it is a legal action in which you ask the court to make the executor "account for" what she has done. Executors must follow the instructions of the will; they must act with loyalty to the beneficiaries (people inheriting under the will); they must exercise reasonable care in managing the estate, collecting money due the estate, paying debts, and distributing assets. If an executor is violating her "fiduciary duty" (duty of loyalty, care, etc.), the court can order her to do or not do certain things, or even replace her as executor. A probate attorney would clearly be helpful in doing this; if there's not enough at stake to justify the cost of a lawyer, contact the probate court for instructions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption