Legal Question in Wills and Trusts in Illinois
In a case where a person passes away and had a will but decided to update and make changes but never had it filed which would hold precedence ? Also if they had no Executor who would be responsible for the final wishes ? Also want us to be done with the bank account that only has the deceased on it , but the money is going to be needed Pay for the burial .
1 Answer from Attorneys
Please realize that my advice is based on the limited information in the question. Key points of my advice are:
* To constitute the Last Will, it is not necessary to file or record the will; a Last Will must be properly executed, meaning signed and witnessed, and, it is advised, notarized. A Last Will will revoke all previous wills; so if the updated will is properly executed, it is the Last Will;
* If a Last Will does not appoint an Executor or the named Executor is unable or unwilling to serve, the local probate court will appoint an Executor, usually a family member, friend, or other, to carry out the expressed intentions of the deceased testator.
* If only the name of the deceased is on a bank account or other titled property, the appointed Executor must distribute the property and pay expenses in accord with law and the expressed intentions of the deceased.
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