Legal Question in Wills and Trusts in Illinois

Seeking legal advice in this case should mean beyond a site like this. Are you trying to speak to them about claims they should be paying or claims they have against the estate (for reimbursement for example). There may be an exception here that would require federal court involvement instead of a resolution in probate court.

Next, the will being filed and stamped does not make you the executor. A petition must be filed to open a probate estate and have you or another person appointed. A specific order would be entered and then Letters Testamentary (or Letters of Office or similarly titled document) would be issued to the person who is appointed by the court. The will naming you would suggest that you should be appointed, but there may be reasons someone would object. The letters testamentary provide the authority to deal with others to act in the name of the estate.

If the decedent's place of residence is in the zip code you mention, many of us who practice in the area would consider handling the matter. If fees are an issue and the estate will be sufficient, the matter can often be started with a minimum retainer and payment from estate funds.

Persons named in the will to manage a decedent's affairs are called executors. If you have filed a will appointing you executor with the clerk of the court, that's not the same thing as having a court order signed by a judge appointing you the executor. Medicare is administered through the Social Security System. If you are looking for what is needed to establish your authority to discuss the decedent's debts and caims, call the Social Security Administration and ask them what they require in your situation. Not every will has to go through probate, but sometimes a court order is necessary. Only your particular facts and circumstances will provide you with an idea of how far you need to go to get information or perform necessary acts to manage the decedent's estate, especially if you are not a close relative of the decedent.