Legal Question in Wills and Trusts in Illinois
My aged mother made out her will a few years ago leaving everything to her two children, my sister and myself. She also appointed me power of attorney in all matters. Since that time my sister has passed away. Do I need to redo any paperwork to reflect this?
3 Answers from Attorneys
I am sorry for your loss. You do not mention if your mother is still alive or not. If she is, your mother can change her will, if she wishes to do so. It may be that no change is necessary. Her attorney can assist her with this decision. If not, there would be nothing to change, since the terms of the will would control, and the power of attorney would be no longer effective.
I am sorry for your loss. There are some questions you need to consider. Does the will need to be changed or does its wording cover what your mother wants in light of your sister's unfortunate passing (such as, your sister's share passing to her descendants)? Is your mother capable of revising her will if needed?
I recommend your mother confirm everything with an attorney. If your mother's capacity is limited, then you will absolutely want to consult with an attorney before trying to change anything.
A well drafted will would provide for disposition of the share your sister would have received, if alive on the date of your mother's death, to an alternate beneficiary or beneficiaries. If you have access to the will, the answer is in the reading of the will. You are advised to consult with the attorney who helped draft the will, or some other attorney in your locale, for specific information in your fact situation.