Legal Question in Wills and Trusts in Illinois

Re: Rules for a power of attorney agent to distribute assets

The law applying to distribution of property at death is complex, and depends on lots of factors. Some folks do it on a property by property basis, and try to get the names changed without the expense of consulting an attorney by relying on what the custodian of each piece of property tells them.

Probate is not always required. In Illinois, if the socalled "probate estate" is less than $50,000, property can be transferred pursuant to a small estate affidavit prepared by an Illinois lawyer.

One basic problem is that your power of attorney is no good after the person dies. The person in charge may be the executor named under a will, a trustee, or one from among various heirs, decided by the family. You should consult an attorney expert in probate and property matters, and bring with you documents regarding all of the decedent's property.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.