Legal Question in Wills and Trusts in Illinois
A woman and man are married in the Republic of Panama. He is a US citizen and she subsequently gains her US citizenship after having returned to the US. They are married for about 10 years. Due to some issues of abuse by the husband�s family the wife is forced to return to Panama. During that time there is some initial communication between husband and wife. Through a third party the wife learns that the husband is ill. Nothing is communicated by the husband�s family. After two years in Panama a third party notifies the wife that the husband has died.
It appears that the family may be waiting until certain deadlines are near before processing any certificates as a means to ensure the wife cannot submit any claims. According to the funeral records the death occurred over a month ago but no death certificate has been issued.
The death occurred in Lake County, Illinois on August 11, 2014.
Does the wife need to contest the estate in person?
Can she secure an attorney in Illinois while living in Panama?
2 Answers from Attorneys
Yes, an Illinois probate attorney can assist her. Certainly, these days, much can be done by phone, E-mail and fax, but it may be helpful to have a local go between to save time and expense with documentation and other legwork. If there is a trusted representative, a power of attorney may be helpful, but that can be evaluated later.
One concern that should be investigated is whether a divorce was pursued here while the wife was out of the country. If so, then those proceedings will need to be examined. A complete copy of the court file should be obtained.
There are rights that she has and that she will need to assert. Was there a Will that anyone is aware of? Did she own any property together with her husband? Were there retirement accounts or life insurance?
She needs to discuss these issues quickly with an attorney.
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