Legal Question in Wills and Trusts in Illinois
Person A makes Person B their Power of Attorney. Person A has a lawyer right up a will, giving ownership of a certain establishment to Person C. Person A passes away before they have a chance to sign the rewritten will. Does this void out the unsigned will or does Person B (Power of Attorney) have the ability to still sign over the establishment to Person C, as Person A wanted before they passed?
3 Answers from Attorneys
No. Barely proper before person passed. Entire estate must now go through Probate.
An unsigned will and a power of attorney for a deceased person have the same legal effect: NONE. The last will is the one that counts.
A power of attorney is ineffective after death. The unsigned will also means nothing. If there was a previous will, that is the will which will be enforced. If there is no will, the property will be distributed under intestate succession laws.
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