Legal Question in Wills and Trusts in Illinois
My brother said he had gotten power of attorney over my father's medical and financial affairs when my father became seriously ill. He said that the attorney who helped him file was supposed to contact me for my approval......that never happened. My father has since past away and now my brother said that he was going to apply for full power of attorney over the estate. I have called the lawyer and he has not called me back. They found a will, but they will not tell me who is named as the executor. Further, why haven't I been asked if I agree that my brother have power of attorney? It all seems quite shady to me. What are the requirements of the law that I, as an heir, be informed of activities involving my inheritance?
2 Answers from Attorneys
I am sorry for your loss. Powers of attorney have absolutely no effect after the principal has died. The principal decides who his agent will be, and he is under no obligation to let you know or get your approval. You may want to consult with a probate attorney to discuss your options.
I am sorry for your loss. There is not any requirement that you be notified when your father appoints an agent under a power of attorney. The agent is required to exercise his or her authority properly. If you find that there may have been wrongdoing, you should meet with an attorney. Generally, the power of attorney terminated with your father's passing.
Regarding the estate, the will should be filed within 30 days with the Clerk of the Circuit Court for the county in which your father lived. If an estate is to be opened, as an heir you will either be requested to sign a consent/waiver or you will receive notice, but that does not necessarily mean you stand to inherit. You would then have an opportunity to object if appropriate, but your father's designations will be given consideration unless you can show he was not able to understand or he was unduly influenced.
See an attorney when you begin receiving information or soon if you do not.
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