Granmother is incapacitated and cannot sign a will - what to do?

[jkw1111g]

What is the name of your state? ILLINOIS

We didn't get an updated will signed in time- Grandmother has had a stroke affecting her right side and cannot sign her updated will. How can we get a valid will in this situation? [I am executor and have power of attorney but also am a secondary beneficiary through my wife (a daughter)].

 

[colourfastt]

What is the name of your state? ILLINOIS

We didn't get an updated will signed in time- Grandmother has had a stroke affecting her right side and cannot sign her updated will. How can we get a valid will in this situation? [I am executor and have power of attorney but also am a secondary beneficiary through my wife (a daughter)].

You didn't state one way or the other, but assuming that your grandmother is still competent and of sound mind, then state law should have an alternate method for signing the will. To address the rest of your post: you are NOT executor (she hasn't passed and you haven't been appointed by the probate court); you may have been nominated by your grandmother's will, but in this case you've stated that there isn't one, so you cannot have even been nominated. Second, even with a POA you cannot sign a will for your grandmother.

 

[tranquility]

I don't know the law in Illinois, but in CA, the only way to resolve the situation is to be appointed conservator of your grandmother. After a conservator is appointed, for certain actions (like making a will) the conservator must make a specific petition to the court (under CA probate code sec. 2580) to take the action.

I'd assume the process is similar in IL.

 

[moburkes]

If your wife is the daughter, how is she your grandmother?