Legal Question in Wills and Trusts in Illinois

You may be able to handle this with a Small Estate Affidavit if his obligations are limited and there is no risk of liability. A Power of Attorney is something given by someone during life and for most purposes terminates upon that person's death. So, even had your brother granted authority under a Power of Attorney, it would not be helpful at this time. You do not mention a home, which would possibly change this analysis. Since there are enough funds, I suggest meeting with a local estate planning attorney to confirm the heirship and assist with the analysis and preparation of a Small Estate Affidavit. The most recent statutory form is available online, but there are risks and, often, an improperly completed form is not accepted. Much of this can also be handled through a telephone consultation, E-mail, mail and fax, but face-to-face conversations work best.

There are various websites that include a copy of the Illinois Small Estate Affidavit. One helpful resource is: https://www.illinoislegalaid.org/legal-information/how-use-small-estate-affidavit. Sometimes the bank where the funds are on deposit has forms they want you to use. This is probably something you can do without an attorney, but if you do need help, the time and fees for attorney assistance should be minimal. If the decedent had an automobile, there is a version of the small estate affidavit on the Illinois Secretary of State's website.