Probate deadline in Illinois?

[TwoOnSunday]

Is there a limit on the amount of time a will can be contested in Illinois? Is there a time limit imposed on the executor to distribute items mentioned in the will to the people they were intended for?
These questions don’t even begin to cover all the questions I have about probate law and all stem from a personal situation worthy of the Pit. In essence, I am being screwed out of a ring left to me in my grandmother’s will. My uncle (the executor and a well-know family thief) has offered me money instead of the ring even though I know he has the ring. Any help you can provide is greatly appreciated. There will most likely be follow-up questions.

[Gfactor]

(a) Within 6 months after the admission to probate of a domestic will in accordance with the provisions of Section 6‑4, or of a foreign will in accordance with the provisions of Article VII, any interested person may file a petition in the proceeding for the administration of the testator’s estate or, if no proceeding is pending, in the court in which the will was admitted to probate, to contest the validity of the will.

755 ILCS 5/ Probate Act of 1975.

That appears to be the general rule. Although it seems like it shouls be simple, it often isn’t. There are plenty of exceptions and pitfalls. You need to talk to a probate lawyer in your jurisdiction to get advice based on the facts of your case.

[TwoOnSunday]

@Gfactor

You need to talk to a probate lawyer in your jurisdiction to get advice based on the facts of your case.

Do you know if probate lawyers will typically do a free consult or will they charge for even that? Any ideas on cost?

[Gfactor]

@TwoOnSunday

Do you know if probate lawyers will typically do a free consult or will they charge for even that? Any ideas on cost?

Check here: http://www.chicagobar.org/public/referral/referral.asp

[Earl_Snake-Hips_Tucker]

In my case, the attorney I consulted for my mother’s estate (the same one I had consulted 10 years earlier for my dad’s) did bill me. $200 for a one-hour consult. That was also the going rate for another one whom she referred me to for some subsequent help (the original attorney having eschewed probate and moving on to strictly estate-planning). She mentioned that one of her colleagues charged $350 per hour. The one she referred me to also charged $200 per hour, with $100 per hour for paralegal services. I’m in a big town in a small southern state, so YMMV (actually YMWV, almost certainly).

You could consider calling an “Ask-a-Lawyer” line. The only problem is that the likelihood of getting an attorney with some experience in your specific case is probably small. I had a situation a while back involving a civil matter, and, given the small amount of the money I was being extorted out of, I could have easily spent more in retaining an attorney to represent me than the amount of money awarded to the plaintiff ($2200). I kept getting criminal type lawyers who basically said that it sounded as though I could have won an appeal, but advised me to just pay the money for the reasons aforementioned.

[Gfactor]

@TwoOnSunday

Is there a time limit imposed on the executor to distribute items mentioned in the will to the people they were intended for?

Once a probate estate is opened, is there any timeframe for getting it closed? Generally, the answer is no. Each estate’s timeframe is going to vary depending on whether there’s litigation, whether an estate tax is due, and other similar factors. Of course, judges LOVE to dispose of estates, and are always moving the attorneys toward the end of the process. The desire to wrap up estates has led the Cook County Probate Court to require a 14-month “checkup.” Essentially, when you open a probate estate in Cook County, you also have to set up a date – approximately 14 months later – on which the estate representative will (1) file a final report, (2) file an accounting, or (3) appear in court to explain why the estate is still open. The hope is that this provision – which is found in the court form for an order appointing an executor (paragraph 4), but which also applies in cases of intestacy – will light a fire under estate representatives and their attorneys.

http://www.deathandtaxesblog.com/probate_illinois_law/index.html

I’m not endorsing this answer, btw. But it comes from a Illinois-licensed probate attorney. You might try contacting him.