Legal Question in Wills and Trusts in Illinois
probate, trusts, wills, & estates
When a loved one like a mother suddenly passes away without a living will and there are various documents that are in two persons name. What does the law provide to the living person in order to clear legal rights?
2 Answers from Attorneys
Re: probate, trusts, wills, & estates
Property held as joint tenants with right of survivorship passes by operation of law directly to the surviving joint tenant. If it's a bank account, there is already full access to the account. If you provide a death certificate they should take the decedent's name off of the account.
Re: probate, trusts, wills, & estates
Depends on how the two people are named on the assets. A living will deals with the persons wishes if she is incapacitated and still alive. You mean will probably. The state has a default 'will' it will apply to your mother.
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