Legal Question in Wills and Trusts in Illinois

A friend of mine passed away of cancer. I have always been on his bank account but for some reason about a week before his death he took me off. He has no next of kin and I was the only one who took care of him. I was his only friend. I paid for his cremation and other things after his death. When he was at hospice he kept saying he needs to get to the bank. Me and the staff thought he was just hallucinating since it was the end of his life. When he filled out the Power of Attorney papers for some reason the social worker put the paper that power of attorney shall end 2 years after his death. This lead me to believe I would still have control over his property and finances. However, I was told that isnít the case and I canít access his account. He has approximately $60,000. What are my options? Does it all go to the state or is there something I can do?

Asked on 5/31/13, 2:13 pm

2 Answers from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I believe I told you to go to the Daley Center, 12th floor, and open a Probate Estate asking the court to appoint you as Administrator of his Estate. You can then collect his assets and file a claim with the court for your expenses. You can also ask the court to award you any remaining funds.

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Answered on 5/31/13, 2:17 pm

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

The only way you are going to be able to be reimbursed for expenses or maybe be paid for your care, is to have a probate estate opened and file a claim. Most likely nobody else is going to file, so you'll need to petition the court to open an estate if you want to have a chance to be paid.

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Answered on 5/31/13, 2:18 pm

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