Legal Question in Wills and Trusts in Illinois
Wills and Estates
My husbands brother died. He did not leave a will. He was not married nor did he have any children. He is survived by a 74 year old mother, my husband which is his oldest brother, a younger brother and a younger sister. Right not all of his assets are up in the air. Everyone keeps asking my husband for a power of attorney which nobody in his family has one. Is there a way for my husband to handle this or does it have to be my deceased brother-n-law mother. How does this work.
1 Answer from Attorneys
Re: Wills and Estates
Depending upon what assets were owned in the name of the deceased at the time of his death, it may be necessary to open a Probate court estate. Any of the people you mention could volunteer to serve as the administrator for the estate, and could do so if everyone else consented. If no one wants to do it, then the Public Administrator will be appointed by the court. Even if the deceased had executed a Power of Attorney, it would not be effective after his death. If you are located in the eastern part of the state and would like a free telphone consultation you may call me at 314-727-2822.
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