Legal Question in Wills and Trusts in Illinois

Power of Attorney and Executor of Will

My 75 year old uncle would like for me to handle his affairs if he becomes unable to because of his health. He is in failing health now and would like this taken care of before he dies.

A power of attorney was drawn up with myself having the power of attorney.

He believes this not only gives me power to act as he would while he is still alive, but to settle his estate upon his death.

I have been told by others that the power of attorney will expire upon his death, at which time I will have no say as to his estate.

He has no surviving spouse and has 1 son whom he no longer talks to. His wishes are to leave his son $1 upon his death and to leave me the balance of his estate.

My question is, will the power of attorney expire upon his death.

When he makes a will out can he legally leave me

his entire estate with the exception of $1


Asked on 5/16/99, 7:40 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Power of Attorney and Executor of Will

Yes to both providing you have a durable power of attorney otherwise if he becomes incompetant due to medical illness or otherwise the power of attorney will become void. Your friend must have a will drafted in order to make his plans for the distribution of his estate known. He can name you or anyone of his choosing to serve as executor of his estate. He can leave all, some, or nothing to whoever he desires. He can leave it all to you if he so desires. he doesn't have to leave $1.00 to his son if he doesn't want to. Your friend should speak with an attorney in his state for assistance in helping him draw up his will.

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Answered on 5/21/99, 2:10 pm


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