Legal Question in Wills and Trusts in Illinois

Enabling him to have power of attorney over what? You, or your mom's estate? Power of Attorney doesn't apply to your mother or her estate after her death. You shouldn't be pressured to give anyone power of attorney over yourself.

You should consider contacting an attorney to independently determine what your legal rights and interests are in your mother's estate. It will depend on a number of factors, including whether your mother had a Will, her assets, etc.

Feel free to call me for a phone consultation. I do not charge for a brief initial phone consultation to determine what steps are appropriate.

Your understanding of the circumstances is not adding up. A power of attorney is given by someone, not by a third party, and its authority ends with the person's passing (with very limited exception (such as disposition of remains)).

Your uncle may be asking to be named executor of the estate (if there was a will, in which event he may be trying to follow what your mother dictated) or to be named administrator of the estate (if there was not a will). If your uncle was named in your mother's will to be the executor, you would need good cause to have the court override her wishes. If he is seeking to be appointed administrator, then, provided you are an adult, as a child you have more standing to suggest an appropriate administrator, perhaps yourself.

All that said, it should still considered whether your uncle may be the best person to act as he is suggesting. There may not be anything improper in his request. A consultation with a probate attorney, with the requested documents in hand, would give you the best analysis.

While I assume we are discussing an Illinois estate, there is some room in your question to think that your mother may have resided elsewhere. While the above may be generally correct, you should get advice in the state where your mother lived at the time she passed.

The fact that you feel uncomfortable means you suspect your uncle may be attempting to take advantage of you, or your uncle may be asking you to do something you just don't understand. I think the only way to get some clarity is to get an appointment with an attorney who can help you evaluate your facts and circumstances. If your mother was not resident in Illinois on the date of her death, the opinion you seek should be from an attorney licensed to practice in the state of her residence. If your uncle is the executor, there is most likely an attorney for the estate who has a duty to provide service to the estate (and all the beneficiaries) not just to your uncle. If there is such an attorney, I'd start with him or her.