accessing copy to a will

[bridgette25]

What is the name of your state (only U.S. law)? Illinois

If a person is named as an heir in a will, can they get access to a copy of that will?What is the name of your state (only U.S. law)?

 

[curb1]

Call the personal representative, or wait until probate.

 

[Dandy Don]

Check at the county courthouse probate court to see if the will is filed--if it has been, and normally that is done within 30 days after the death, it is public record and you can get a copy.

 

[bridgette25]

Thank you. But what if the will didn't go through probate? My husband's uncle had a trust and the relative who had power of attorney just sent us a check through the mail. Is that standard procedure?

 

[anteater]

If your husband's uncle had a trust, then trust admisitration and designation of beneficiaries is governed by the trust document. Not a will.

The person who administers a trust is a Trustee. Not a "power of attorney."

I don't know IL specifically, but many states' statutes provide that beneficiaries be provided a copy of the trust and an accounting of the trust (and, if not required, at least on request).

 

[bridgette25]

Oh, this is getting quite interesting. We were told "the will didn't have to go through probate" and so I thought he had a trust. He did have a power of attorney so I will check out the county courthouse next. Thanks so much for your help.

 

[seniorjudge]

A POA dies the moment the person who gave it dies.

We need a few more details.

 

[anteater]

We need a few more details.

Seems that bridgette25 (or husband thereof) needs to unearth a few more details, too.

 

[bridgette25]

Okay, so I know there was a will and this relative did have power of attorney. What I don't know is why the will didn't go through probate. The estate was around $100,000.
Do some wills go through probate and others don't? What are the reasons? And if it didn't go through probate would there still be a record of it at the courthouse?

Also, a power of attorney can't rewrite a will can he? Our uncle had alzheimers so I don't think he would have been of a sound mind at that time.

 

[colourfastt]

Okay, so I know there was a will and this relative did have power of attorney. What I don't know is why the will didn't go through probate. The estate was around $100,000.
Do some wills go through probate and others don't? What are the reasons? And if it didn't go through probate would there still be a record of it at the courthouse?

Also, a power of attorney can't rewrite a will can he? Our uncle had alzheimers so I don't think he would have been of a sound mind at that time.

Is the ESTATE valued at $100,000 or is the TRUST valued at that? If all the assets are titled in the trust there may well be nothing in the PROBATE estate.

 

[Farfalla]

Okay, so I know there was a will and this relative did have power of attorney. What I don't know is why the will didn't go through probate. The estate was around $100,000.

POA became void the moment your uncle died.

Also, a power of attorney can't rewrite a will can he? Our uncle had alzheimers so I don't think he would have been of a sound mind at that time.

No a person with a POA cannot rewrite the will.

 

[las365]

My husband's uncle had a trust and the relative who had power of attorney just sent us a check through the mail.

What account was the check drawn on? "The Estate of Uncle Bob"? "Uncle Bob's Family Trust"? The relative's personal account?

 

[bridgette25]

Check was written from relative's personal account. The estate was $100,000 and my husband received a check for $2000 as did ten of his cousins. However, many years ago our uncle showed my husband a copy of his will in which he was named sole beneficiary. So either uncle rewrote his will (which I can live with) or he was advised to which bothers me. And no, I don't know who has the other $80,000 but I can guess.

I just assumed it was in a trust since we were told it didn't have to go through probate but I have no proof of that.

 

[anteater]

How do you know that the value of the estate was $100,000?

$100,000 of personal property, with no real estate, is the maximum value at which a Small Estate Affadavit can be used in Illinois.

Have you checked at the county courthouse yet?

 

[bridgette25]

No, I haven't had a chance yet, but thank you for your help!