The executor of my father’s will is selling his assets and doing other things that I don’t agree with and is asking me, one of my father’s heirs, to sign a waiver saying that I support these actions. I do not. What can I do to stop the executor from selling my father’s assets?
I’m sorry for the loss of your father. When a loved one dies, it is natural for family and friends to want to hold on to property and other assets associated with cherished memories. Unfortunately, these desires can sometimes turn a disagreement over property into a bitter feud that cannot easily be settled without intervention from a neutral third party.
Your father chose the Executor of his will. As Executor, your father gave this person the authority to distribute his personal property, pay the estate bills and taxes and follow the directions in his will. If your father did not have a will and he died intestate, the executor was likely appointed by a probate court.
If you as a family member and heir feel the Executor is not acting in the best interests of your father’s estate, you are entitled to hire an estate litigation attorney to represent your interests and to:
• Make sure your father’s will and other legal documents are valid and legally executed.
• Ensure your father had sufficient mental capacity to execute his will and was not unduly influenced to create the terms in his will.
• Interpret the terms of the will and other documents to make sure the descriptions of properties, instructions regarding the distribution of wealth, and identity of beneficiaries are clear.
Estate litigation often involves complex procedures and the application of specific laws. Consequently, if it appears that someone might contest the terms of a will or estate, it is important to consult an estate litigation attorney for advice. In addition to providing counsel, a lawyer can also offer representation in private negotiations and the courtroom.
If you believe the executor of a will that you have an interest in is not acting in the best interests of the estate, or the estate proceedings are tainted in some way; or if someone in your family is challenging the terms of a will, trust, or other estate documents, it may be wise to consult an experienced estate litigation attorney to find out how to protect your rights and your interests. To schedule a consultation with the Estate and Probate Legal Group, call us at 630-864-5835.
AREAS WE SERVE: Cook, Dupage, Kane, Lake, and Will counties