Legal Question in Wills and Trusts in Illinois

Re: no information on will

Was the decedent a resident of Illinois or Arizona? From the message sent to me I cannot tell. It makes a difference. Yes, a power of attorney lapses upon the death of the principal. After death there has to be a probate unless there is a trust so that the assets are in the hands of a trustee. If the assets go automatically to beneficiaries (such as POD bank accounts) that bypasses all other procedures.

Send a certified letter to the persons you feel might have custody of the will and request a copy. Also, you can file a demand for notice with the court where the probate is filed. Look on the court's web site in the probate division to see if a probate case is filed. Finally, get advice from an estate attorney in the jurisdiction where the decedent had residence at the time of death. If that was Arizona, you are welcome to speak with me in a free, no obligation initial conference, 480.835.1500.

Best regards, hope this helps.

James D. Jenkins

Re: no information on will

You can file your own action in probate court to be appointed personal representative of the estate. Make a written demand on the attorney to disclose the existence of the Will, and then you can go to court and get court orders straightening things our. Be advised, that the power of attorney is of no force or effect the moment the principal dies.