Legal Question in Wills and Trusts in Illinois

Death without a will

We have a friend who recently died. We had power of attorney and went to his property to claim his belonging. Found out POA is not good after death. If he had a will it is in his house. Property co-owned by another who refused us entrance. What can be done to block him from taking or destroying our friends personal belongings?


Asked on 9/28/05, 9:03 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Death without a will

A power of attorney does not grant you any rights to his property. As you have learned, it is also not effective after death. If he had no will, any property not owned in joint tenancy with someone else will go to his heirs, which depending on the circumstances could be his children, siblings, parents.

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Answered on 9/28/05, 9:57 am


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