Losing a parent is difficult enough. When brothers and sisters disagree about what should happen to Mom or Dad’s house, belongings or money, an already emotional time can quickly become much harder.
One sibling wants to sell the family home. Another wants to keep it. Someone believes the executor is making decisions without consulting the family. Two siblings want the same piece of jewelry. Another thinks the house is being sold for too little. And everyone may have a different understanding of what their parent “would have wanted.”
These disagreements are more common than many families expect.
For families going through probate in Oak Brook, DuPage County, Cook County and throughout the Chicago suburbs, it is important to understand that siblings do not necessarily get an equal vote on every decision involving an estate. The will, the Illinois Probate Act, the authority given to the executor or administrator, and sometimes the probate court determine what happens next.
At Estate & Probate Legal Group, we help Illinois families navigate probate disputes while keeping the focus on properly administering the estate and, whenever possible, resolving disagreements before they become costly litigation.
Probate disputes are rarely just about money.
The death of a parent can bring decades of family history to the surface. One sibling may have provided most of a parent’s care. Another may have lived far away but believes everything should be divided equally. Someone may feel especially attached to the family home or certain possessions.
Common sources of disagreement include:
Understanding the legal issue behind the disagreement can be an important first step toward resolving it.
Not necessarily.
This is one of the biggest misunderstandings we see in probate.
If a parent named one child as executor, the other children do not automatically become co-decision-makers. Once appointed by the probate court, the executor or administrator has legal responsibilities associated with administering the estate.
Likewise, the executor does not simply get to do whatever he or she wants.
The representative is administering an estate for the benefit of those legally entitled to it and must act within the authority provided by the will, court orders and Illinois law.
Illinois also distinguishes between independent and supervised administration. Independent administration can allow an estate representative to perform many tasks without obtaining advance court approval for every step. Illinois law nevertheless provides interested persons with certain rights and, in appropriate circumstances, a way to seek termination of independent administration.
That distinction can become particularly important when family members no longer trust one another.
The parent’s house is often the estate’s largest asset – and its most emotional one.
Imagine three siblings inherit their mother’s Oak Brook home.
One wants to sell immediately and divide the proceeds. One wants to wait because she believes the market will improve. The third wants to buy the other siblings out and keep the house in the family.
Who decides?
The answer depends on several factors, including how the property was owned, what the will says, whether the property actually passes through probate, whether the estate needs money to pay claims and expenses, and what authority the estate representative has.
Illinois law contains specific provisions governing estate real property and its sale. For example, real estate specifically devised or directed by a testator not to be sold generally receives additional protection, although a sale may still be possible when necessary for claims, administration expenses, taxes or proper distribution of the estate.
This is why a sibling cannot necessarily stop a legitimate sale simply by saying, “I don’t want Mom’s house sold.”
At the same time, an executor should not treat an estate sale like a personal transaction.
Suppose the executor wants to accept a $500,000 offer, but another sibling believes the property is worth $600,000.
The disagreement may involve questions such as:
A difference of opinion over price does not automatically mean the executor has done something wrong. But a proposed sale significantly below market value – particularly to the executor, a relative or an associate – deserves careful legal review.
Potentially.
If one child wants to keep the family home, a buyout may sometimes provide a practical solution. The property can be valued, and the interested sibling may be able to acquire it while the other beneficiaries receive their appropriate shares.
But this needs to be structured correctly.
There may be mortgages, estate debts, unequal distributions, appraisal questions, financing issues and other considerations. The family should not simply agree on a number around the kitchen table and transfer the house without considering the probate and financial implications.
Sometimes the fiercest probate disputes involve property worth relatively little money.
Dad’s watch. Mom’s wedding ring. The dining-room table. Family photographs. A painting that hung in the house for 40 years.
These objects may carry enormous emotional value even when their resale value is modest.
The executor should first determine whether the will contains instructions concerning particular belongings. If it does, those provisions may control.
When the will does not specifically address individual possessions, families may be able to develop a fair process for dividing them. Depending on the circumstances, that might involve taking turns selecting items, agreeing on values, selling disputed items, or offsetting a valuable item against a beneficiary’s share.
What siblings should not do is simply walk into a deceased parent’s home and start taking things.
Illinois law provides a probate procedure that can be used when someone is believed to have concealed, converted, embezzled or retained estate property or information needed to recover estate property.
That means a fight over “Mom’s jewelry” can become much more serious if estate property disappears before it has been properly identified and distributed.
Lack of communication is one of the fastest ways to turn probate frustration into a family dispute.
An executor may be dealing with attorneys, banks, creditors, taxes, real estate and paperwork behind the scenes, so a period without a distribution does not necessarily mean something is wrong.
However, beneficiaries have rights.
For example, under Illinois independent administration, an interested person can request a copy of the estate inventory in writing, and the independent representative must provide it. The representative must also provide an inventory to interested persons before filing the verified report required for closing the estate.
If you have legitimate concerns about what an executor is doing, it is often better to have a probate attorney determine what information you are legally entitled to receive rather than allowing suspicions to build.
Another common source of sibling conflict is timing.
One sibling may say:
“Dad died months ago. Why are you still holding our money?”
Probate does not work like dividing a bank account immediately after death.
Before making final distributions, the estate representative may need to identify assets, address creditor claims, pay valid expenses, deal with taxes, resolve property issues, sell assets and complete other administration requirements.
An executor who distributes everything too quickly can create serious problems if money is later needed for legitimate estate obligations.
On the other hand, unexplained or excessive delays may deserve investigation. Illinois law provides remedies in certain circumstances when a representative fails to account or distribute property after being ordered by the court to do so.
The key is distinguishing between probate taking time and an executor improperly delaying the estate.
Not every argument needs to end up before a judge.
Many probate disputes can be resolved through communication, documentation, valuation of assets, negotiation among attorneys or a carefully structured agreement.
Litigation becomes more likely when there are allegations involving:
Illinois law allows an interested person to petition to terminate independent administration, subject to statutory limitations in certain situations. Once independent administration is terminated, the representative becomes subject to the Probate Act’s requirements governing supervised administration.
Court involvement can provide oversight when necessary, but it can also increase legal expenses and extend the time required to settle an estate.
That is why early legal guidance can be so valuable.
Learn More: What To Do If An Inheritance Dispute Arises
Not simply because that sibling wants the property sold. Whether and how estate real estate can be sold depends on the will, ownership of the property, estate obligations, the representative’s authority, the form of probate administration and potentially court involvement.
Possibly. Beneficiaries do not necessarily have veto power over every decision made by the executor. However, the representative must act within his or her legal authority. A disputed or questionable transaction should be reviewed by an Illinois probate attorney as early as possible.
Being executor does not automatically give someone the right to take estate property personally. The executor must administer and distribute estate assets according to the will and Illinois law.
Do not rely solely on family arguments or accusations. Ask a probate attorney to review the estate, the will, the executor’s authority, available inventories or accountings, and the specific conduct causing concern. Illinois probate law provides mechanisms for interested persons to seek additional court oversight in appropriate cases.
The estate’s attorney generally represents the estate representative in that representative’s fiduciary capacity – not every sibling individually. If a beneficiary’s interests conflict with those of the executor or other beneficiaries, obtaining independent legal advice may be appropriate.
A parent’s death can change a family forever. A probate dispute does not have to.
If you are an executor caught between disagreeing siblings, or you are a beneficiary concerned about how a brother or sister is handling an estate, getting legal advice early can help you understand what Illinois law actually requires and what options are available.
Estate & Probate Legal Group helps families navigate probate and estate administration in Oak Brook and throughout DuPage, Cook, Kane, Kendall and Will Counties.
Whether the disagreement involves a parent’s home, missing property, executor decisions, delayed distributions or a dispute that may require probate court intervention, our attorneys can help you determine the next step.
Call Estate & Probate Legal Group at 630-864-5835 to discuss your Illinois probate matter.
This article provides general information about Illinois probate law and is not legal advice. Probate rights and procedures depend on the specific facts of an estate.
