Legal Question in Wills and Trusts in Illinois

Executor notification

My mother just passed away and I am executor on the will of both of my parents. With her passing the estate and all that that implies goes to my father. My question is if my father decides to change the will, will I as original executor be notified of the change? The second question is if he does change it and I am left out, do I have any recourse in that he is not respecting my mothers original wishes.


Asked on 10/27/05, 2:32 pm

1 Answer from Attorneys

Re: Executor notification

I'm sorry to hear of your loss.

In order to provide you with an answer to your question, someone will need to review the documents in question.

Generally, however, if your father inherited from your mother (under the terms of her will) without any restrictions placed on his ability to leave those funds to someone else, then he is free to leave his own assets, and those he received from your mother, to whomever he chooses. He would then have no obligation to notify you of his changes.

It is unclear from your posting whether you are talking about a power of appointment, or whether there may even be a trust involved (within or outside of the will).

Again, I would recommend having the documents reviewed in order to determine your responsibilities as executor.

Good luck to you.

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Answered on 10/27/05, 8:10 pm


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