Legal Question in Wills and Trusts in Illinois

Re: access to dead parents workplace locker

I'm not quite sure what you are asking, but if your nephew has already started a probate action, then he, or whoever is going to be acting as the administer of the estate, will be able to obtain a court order when the estate is opened.

If there is not going to be an estate opened (if the estate is worth under $100,000 in Illinois), your nephew would be able to act as administer by using a small estate affidavit.

If he has not already done so, I would advise that your nephew review this situation with a lawyer so that he knows what his rights are and what needs to be done to administer his father's estate.

Re: access to dead parents workplace locker

Yes. The employer is concerned about releasing the property in the locker to the wrong person, and being sued to replace it by the right person. In Illinois, the employer's needs can be satisfied by a probate action, which will issue letters of office to your nephew, or whomever is the right person under the law (or agreed by the family members entitled to act)i.e., the administrator, or by a small estate affidafit,which is used when the total estate is under $100,000. The small estate affidavit must be prepared by an Illinois lawyer, who applies the law as if a probate proceeding were conducted.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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