If we are entitled to 1/4 of an estate and have resided in the home since the death occurred, can we be forced out before the probate case goes to court?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we are entitled to 1/4 of an estate and have resided in the home since the death occurred, can we be forced out before the probate case goes to court?

It goes to court in 6 months. Also, the Will states that all bills are to immediately be paid before any liquidation, yet not one bill has been paid. Can we challenge the one in charge of the will since he has not respected the deceased will mandate?

Asked on October 10, 2012 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  It is difficult to understand what exactly is going on here with out reading the Will.  First, all that inherited have equal rights under the law.  But the executor can indeed force you out of the home depending on the estate's circumstances.  That would be after the Will is offered for probate and the executor is appointed.  He or she has no responsibility at all until appointed.  If he or she is not acting properly and "in breach of their fiduciary duty" then you can do something about it.  But what at this stage is unclear.  Please speak with some one in your area.  Good luck. 


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 with SHA-256 Encryption