Legal Question in Wills and Trusts in Illinois

How long after principles demise does the power of attorney have before the will has to be read. Real estate has been left to share between siblings and is listed in the will. The will was redone by the POA 9 months prior to his death, supposedly to update and avoid probate. Dad left everything to mom and moms will held everything in trust for the siblings. Mom has passed and POA claims all the money is gone in order to care for mom. Can POA be held accountable for the financial spending and what is the time frame for the reading of the will.

Asked on 9/19/13, 11:26 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda
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You would benefit by hiring an attorney in your area, the kinds of issues you describe become harder to manage with the passage of time. There is no such thing as a "reading of the will" but there is a requirement for anyone in possession of a will of someone who dies to file it with the clerk of the court in which the decedent resided within 30 days of the date of death. Then it's a public document, and anyone can go to the clerk's office and get a copy. If there is a trust agreement (a common device to avoid probate) this is a private document, and you need to identify who is acting as trustee and ask your questions of the trustee. A power of attorney is not valid after the principal dies. An individual acting under a power of attorney has a duty to act only in the interest of the principal. The power of attorney should be asked to provide an accounting of transactions performed on behalf of the principal. The power of attorney can be compelled to account (lawsuit).

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9/20/13, 8:02 am

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