First and foremost you have the Right to be Kept Informed. You have the right to be notified of the appointment of a Representative and whether she can act independently or with Court supervision. You have the Right to Your Own Attorney. The attorney who handles the estate is employed by the decedent’s representative. Once the representative is appointed (recognized by the court), you have a right to a copy of the will. Have her attorney forward you a copy. You have the Right to Petition the court. Under 755 ILCS 5/28-5, you have the right to ask the court to conduct a hearing on any matter that may be troubling you. You have the Right to a Copy of the Inventory (this may be requested from the estate’s representative). The decedent’s representative is entitled to a “reasonable fee.” You may request to know what this fee is (if any) from the representative, and what she expects to pay their attorney. If you believe these are unreasonable you have the right to negotiate a reduction, or petition the court to set fees. You have the Right to an Accounting. In some instances (where not specifically waived) you have the right to know how the value of the estate, the expenses and the amounts disbursed to the residuary beneficiaries. You also have a Right to the Decedent’s Tax Returns that the estate’s representative is obligated to file. These are your rights, and strictly enforced by you.
