Legal Question in Wills and Trusts in Illinois

Re: Acting Executors

First you must assume that neither of them appointed a successor executor in the will. While not unheard of it is a bit unusual. If no successor was named in the will then the Illinois statute [Chap 755 Section 5/9-3] lists in order of preference who has the right to nominate and act as executor; you can nominate yourself. The preference is as follows: Surviving spouse; legatees under the will with preferece to legatees that are children; children; grandchildren; parerts; brother and sisters. It goes on futher but I assume that is sufficient for your purposes. Attorneys, strangers and judges have no place on the list.

Re: Acting Executors

This is why I urge clients to name successors (several if possible).

The Illinois statute provides for administrators if there is no designation in will.

Spouse

Legatees

Children

etc. for relatives. BUT NOTE! If there are several legatees, or children, etc. they have equal right to nominate someone or to serve. If there's disagreement the judge will pick someone. Unless a will specifically names multiple parties, the judge will not appoint co-representatives.