Legal Question in Wills and Trusts in Illinois

My Mom (86) is executor of my Dad's estate. I am next in line after Mom. I have already filed a copy of the will with the court on Mom's behalf. Is there anything else I need to do in order for Mom to be the executor and not just "named" executor? I thought the court had to rule on something but does Mom need to file something else in order for them to rule?

Dad passed a few weeks ago and really there is nothing to distribute since he had a Pooled Payback trust and all of his assets were distributed either in care of the trust or to Mom for spousal impoverishment prior to qualifying for Medicaid. The trust $ is going to Medicaid and we have a lawyer handling that part.

Just trying to make sure I dot all my i's and cross all my t's since even though Mom is executor, all the running around and filing stuff etc falls to me!

Thanks!


Asked on 1/05/11, 4:09 am

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Based on your facts, I have the following impression.

Your Dad's Will nominated your Mom as executor if she is living, able and willing to do so. If she is not, then your Dad's Will nominates you as executor. Neither of you is actually appointed as executor unless a Court enters an Order that says so. However, if your father had little assets which can be controlled by a Will, such a proceeding is probably unnecessary.

If all of his assets were previously placed into a Pooled Payback Trust or distributed to your Mom, then there is nothing for the Executor of the Will to do. To be sure, I would get a consultation with a lawyer about this -- but it sounds as if a Court appointment of an executor may be unnecessary. Feel free to call me for a free consultation in order to discuss this further.

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Answered on 1/10/11, 6:57 am


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