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Citations to Recover Assets

Chicago Probate Lawyers Handling Citations to Recover Assets in Estate Administration Matters

Sometimes assets are incorrectly paid out to the wrong beneficiary or creditor. In other cases, an estate is owed money or someone is holding another type of asset that should be within an estate. This could simply be a mistake or because an agent, trustee, administrator or executor has breached his or her fiduciary duty and misappropriated the asset to himself or herself. No matter which situation you are faced with, it is in your best interest to seek out a knowledgeable estate administration lawyer to help sort out these discrepancies and ensure that if corrective action is needed, it is handled efficiently.

For over 30 years, the Chicago probate lawyers at John J. Pembroke & Associates, LLC have been using the procedural process of citations to recover assets to help make sure that assets within estates are handled and paid out correctly. If you need help with any type of asset issue, contact us today to schedule a consultation.

Under Illinois law, a "Citation to Recover Assets" is when it has been determined that someone owes money to the decedent or holds property belonging to the decedent and action must be taken to bring that property into the estate. A citation can be enforced by a judgment or contempt, and the costs of the citation can be assessed against the respondent if it founds that the application is correct and assets are owed to the decedent's estate.

After we find out what assets were in the decedent's name using resources such as the Internal Revenue Service, the decedent's will, other personal papers and from speaking to the decedent's financial advisers, our firm is skilled at taking the necessary measures to recover assets so that the decedent's testamentary wishes can be carried out.

In another situation, when the estate holds property belonging to a third party, the third party can bring a petition for recovery against the estate. The representative of the estate who holds the power to distribute assets can pay whatever is owed to the third party if the parties come to an agreement or are ordered by the court.

In either case, a jury trial can be had in limited circumstances to determine whom the assets should be paid to. Our attorneys are experienced in filing and defending against citations to discover and recover a decedent's assets.

Moreover, we also represent clients concerned that fiduciaries and third parties have embezzled assets or have unrightfully taken property from a decedent. We are skilled at tracking down missing assets using a procedure known as citations to discover. This procedural tool is usually used alongside a citation to recover.

We invite you to contact our diligent attorneys to schedule a consultation by calling 847-696-0060.

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John J. Pembroke & Associates LLC
422 N. Northwest Highway
Suite 150
Park Ridge, IL 60068-3272
Phone: 847-696-0060
Fax: 847-696-0950

Park Ridge Law Office

By Appointment Only:
9746 S Roberts Road
Palos Hills, Illinois 60465
Phone: 708-770-9422

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