Legal Question in Wills and Trusts in Illinois

Can a person act as poa of finance of a person dieing without any documentation. but they said it states in the will. but person still alive


Asked on 6/27/17, 5:19 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

No. Will has zero effect during testator's life. POA and will are two totally separate animals.

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Answered on 6/27/17, 5:21 pm
Henry Repay Law Offices of Henry Repay

A will takes effect after a person passes. If there is not a valid power of attorney, a guardianship proceeding is generally necessary. Perhaps the content of the will can shed some light on who should be appointed to act, but the will itself would not come into effect until the testator passes.

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Answered on 6/28/17, 8:57 am


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