Legal Question in Wills and Trusts in Illinois

Aunt's wishes differed from will made 19 yrs ago

My aunt had a will & codicil made 19 years ago. Personal items had been disposed of by her over past years. Her assets were depleted due to 14 yrs in nursing home. Social Security, Public Aid and her pension checks paid last few years nursing home expenses. She recently passed away. Does her will need to go to probate when there's nothing left to distribute. Also, although my role as POA expired at the time of my aunt's death, the executor of her will lives in another state so I handled her funeral and burial needs. (She had preplanned and prepaid for everything, I just insured her wishes were followed). Questions:

What needs to be done since she already distributed her personal posessions? Also, the week before she died I rec'd her income tax refund ($300) and a quarterly dividend check ($74) from minimal stocks she owned. Because I spent the week prior to her death at her bedside in the hospital, I never cashed her checks. These checks were used for her personal needs while she lived at nursing home. (clothes, beauty shop, etc). What do I do with these checks? Mark them DECEASED; RETURN TO SENDER, or do I keep them as a stipend for my years as her POA? I've rec'd non-legal advice, but want legal advice.


Asked on 5/18/07, 4:39 pm

2 Answers from Attorneys
Noelle Ansley Noelle Ansley

Re: Aunt's wishes differed from will made 19 yrs ago

It sounds like she's left an estate of $374 plus some stocks. Who gets the stocks? You can probate the will to determine what should be done with the funds and the stocks.

Read more
Answered on 5/18/07, 4:58 pm
Cyndi Perez Trostin

Re: Aunt's wishes differed from will made 19 yrs ago

You should be able to accomplish the wind-up of your aunt's estate by using a small estate affidavit (for estates under $100,000).

Since there is a will, you would distribute the remaining assets according to the distribution in the will; however, there may be claims made against the funds by creditors (medical providers, public aide, etc.) that will need to be paid prior to the distributions to the beneficiaries. Yes, a person acting as an agent under a power of attorney may have a claim to the assets if the POA allows.

Good luck to you.

Read more
Answered on 5/22/07, 9:52 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois