Legal Question in Wills and Trusts in Illinois

Hello! I live in Chicago, and currently have a very close friend in hospice care. He suffered a major stroke which left him unable to speak or make any decisions for himself. He is estranged from his entire family...has been for almost 10 years. He had not, based upon what we've looked through so far, left behind a will or advanced directives. The hospital appointed me as his surrogate decision maker for medical purposes, since it was his wishes that his family not be contacted in any situation what so ever. My question is, when he passes will someone legally have to contact his family or will I be able to make his funeral arrangements? Also he has no funds or anything to leave behind, no bank accounts of any kind. Just whats in his apartment...can I legally handle emptying his apartment and paying/closing his various accounts? Since he isnt capable of giving me power of attorney over all that any more, what are my options to be able to carry it out as he would want without involving his family?


Asked on 8/26/11, 4:38 am

1 Answer from Attorneys
Gregory Turza Law Offices of Gregory P Turza

You said he has no accounts and then you said you want to close his accounts. Which is it? If he dies without planning then this is called "intestacy." His heirs are entitled to whatever he has. A probate may be required. Unless you file the probate and notify everyone and get yourself appointed executor, you have no right to distribute his assets. In my opinion you should just notify the family of his death and let them take it from there. None of this is legal advice of course. For more information you may visit my website: www.legacylaws.com.

Read more
Answered on 8/26/11, 4:46 am


Related Questions & Answers

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