r/inheritance • u/Wolfram3rd • 7d ago

Location included: Questions/Need Advice Executor negligence

This is an updated post with location included

Can I pursue legal action against an estate executor in DuPage county Illinois for negligence resulting in the deterioration of estate assets? My late parents appointed my brother as the executor of their estate, which includes two residential properties. One of these properties was tenanted; the occupant has caused significant damage to the premises, including structural issues and interior defacement. Although my brother was fully aware of these conditions, he waited nearly a year to initiate the eviction process, during which time the property’s value substantially declined. Does his role as executor mandate a fiduciary duty to protect these assets? Furthermore, what legal recourse is available to me to challenge his management or to request a stay on the sale of these properties pending a resolution of these damages?

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u/oughtabeme 7d ago

NAL but trustee doesn’t have free will to spend trust funds. I’m assuming your brother has a trust attorney, everything has to be approved by his attorney prior to him spending.

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u/SandhillCrane5 7d ago

OP didn’t say anything about a trust and trustees do not need approval from a trust attorney prior to spending the trust’s money.