Legal Question in Wills and Trusts in Illinois

I would gather the boyfriend's tangible personal property and store it in a location away from your mother's house, e.g., a climate-controlled storage space or a spare room in another family member's home. However, be sure to take additional, reasonable steps to secure any property that has significant value. Then, when the boyfriend's family demands such belongings, tell them to refrain from pestering your mother because she does not have any of them. Inform his family that you, and not her, are the point of contact for the tangible personal property. Warn them that you may pursue an Order of Protection against them if they harass your mother. Ask the boyfriend's family to provide you with "Letters of Office" from the boyfriend's Decedent Estate prior to allowing them to access the tangible personal property. Such "Letters of Office" are provided only after a family member is formally appointed as a Representative of a Decedent's Estate by the appropriate County Court. However, verify the legitimacy of the "Letters of Office" with said Court before allowing any family member access. (You can do this by visiting the Court that issued the "Letters of Office" or by conferring with the Court Clerk via phone.) Gather addresses for all of the boyfriend's family members and alert all of them of the aforementioned (but not of what is discussed in the following paragraph regarding a Small Estate Affidavit) via U.S. mail and not merely by email. Keep a copy of anything you mail to anyone about this. You can safely turn over all property to such a Representative. Be sure to make such a Representative provide you with a Receipt that memorializes his/her acceptance of such tangible personal property.

If any family member, instead, provides you with a Small Estate Affidavit, then consult with an attorney as to your next steps. In certain circumstances, a Small Estate Affidavit can be used as a substitute for "Letters of Office," but you should review any Small Estate Affidavit with a knowledgeable attorney before you accept such a document.