Wills

[baley]

What is the name of your state (only U.S. law)? Illinois
A good friend (91 yearsold) has named me as executor of his estate and am also named in his will. He has disowned his son and does not want his son notified when he dies because his son tried to get power of attorney of his estate by telling his dad to sign some papers that he said was strictly fo handling his burial. My friend did leave his son $5,000. in the will which his lawyer pushed him to include.
My question as executor is when he dies should I just send his son a check for the $5,000? Should I give him a copy of the will? And I am very uncomfortable in not letting the son know when his father dies. That part is not in the will only verbal to some of his friends.

 

[anteater]

Do what you think is the right thing about notifying the son of father's death.

My question as executor is when he dies should I just send his son a check for the $5,000? Should I give him a copy of the will?

When you present the will to the court and petition the court to become the executor, you will have a duty to notify the son. I don't believe that IL requires that a copy of the will be sent, but, in the interest of being transparent, you might consider doing so.

(755 ILCS 5/6‑10) (from Ch. 110 1/2, par. 6‑10)
Sec. 6‑10. Notice ‑ waiver.) (a) Not more than 14 days after entry of an order admitting or denying admission of a will to probate or appointing a representative, the representative or, if none, the petitioner must mail a copy of the petition to admit the will or for letters and a copy of the order showing the date of entry to each of the testator's heirs and legatees whose names and post office addresses are stated in the petition....

 

[Dandy Don]

When the death occurs you will need to retain the services of a probate attorney, if only on an hourly basis, for professional advice about how to handle this estate. You do NOT immediately send him a $5,000 check--you will do this in the eventual course of your duties after estate debts and taxes have been paid. What is the estimated value of this man's estate? Is there any clause or wording in the will that mentions the specific reason that he is disinheriting his son? If not, then get ready for a possible will contest from the son--if he was greedy and unscrupulous enough to try to steal from the man or abuse power of attorney, he may want to contest the will if he can afford the attorney fees for doing so.

In fact you should be advising your friend to have his will reviewed by a probate attorney (if it has not already been reviewed by one) to see if he should be revising the wording to include a disinheritance clause.

 

[baley]

First of all it is too late to re-do the will because my friend's health is rapidly deteriating and is now in Hospice and not completely aware of all that is going on around him. I don't know the value of his estate but he does own a 2 flat home that is clear and probably worth about $180,000. plus some CD's about $75,000. There is nothing in the will that states why he disowns his son but when he re-did his will he had an evaluation by a Psychologist which states why he is upset over his son deceiving him. I was not aware I have to go to probate when there is a valid will but will contact a lawyer.
Thanks for your help

 

[anteater]

I would not worry about re-doing the will. There is no requirement that a specific reason be mentioned in the will. Besides, even a specific reason is unlikely to deter the son if the son is determined to mount a will contest.

Probate is the process whereby a will is given legal effect. Until it is submitted to and accepted as valid by the court, it is only a statement of the testator's intentions. And, until an executor nominated in the will is appointed by the court, the executor has no legal authority to act upon the provisions of a will.