Legal Question in Wills and Trusts in Illinois
I am in Illinois. My father-in-law passed away 10 1/2 years ago of cancer. He was married so no estate was set up because it all went to his wife except the life insurance that was split 3 ways, my husband, his sister and my mother-in-law. Now there is a possible settlement from a law suit regarding the cancer that killed him and we are being told that an estate needs to be set up and my husband and his sister need to sign off so that my mother-in-law can be the administrator. Is this true? Does signing off on her being administrator strip my husband of any rights he has to some of the settlement?
1 Answer from Attorneys
No. The court will award the settlement to whomever it determines is entitled to receive it. This being said, your husband may not have to "sign off" on his step-mother being the administrator--his failure to object to her assuming the office of administrator will be enough to empower her to move forward. Your husband may want to receive notice of any pending court action, so he may wish not to sign a waiver of notice. However, his signature on a waiver of notice would signify his agreement that the administrator would not have to notify him of pending court hearings. The waiver of notice would not compromise your husband's rights to any share of what's in the estate if he is so entitled.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
