Legal Question in Wills and Trusts in Illinois

A power of attorney expires upon the death of the person who created it, so no action can be performed under authority of the power of attorney. Whoever is in possession of the decedent's last will must file the original will with the clerk of the county where the decedent resided. Illinois law mandates the filing of the will even if there will be no probate. Probate proceedings are not always necessary. Most well drafted wills name alternates if the first named executor cannot serve. If a probate is necessary, this person should move to be appointed executor, best accomplished with the assistance of an attorney. If the son were ever convicted of a felony, Illinois law prevent him from serving as executor. Get an appointment with an attorney in your area.

Great answer from Attorney Prihoda. I would add, if it is determined to be worthwhile, that you can force the issue by someone petitioning for probate even if not the named executor or an alternate. As noted, make an appointment with a probate attorney serving the county in which the decedent resided.