Recent Answers to Probate Law Questions

Randy M.

Answered Aug 30, 2025

I'm truly sorry for the loss of your son. I know this is an incredibly painful time, and the last thing you need is confusion around legal processes. What you were told about needing a power of attorney simply isn’t correct. A power of attorney only works while someone is alive. Once a person passes away, it becomes legally invalid. Because your son has passed, the legal route to handle his affairs is different. You’ll need to be appointed as the administrator of his estate through the probate court in Illinois. That’s the only way to get the authority to manage his accounts, deal with any property, pay off debts, and take care of the responsibilities that come with closing out his affairs. Since you’re his mother, and assuming he wasn’t married and didn’t have children, Illinois law gives you first priority to serve in this role. The court will issue you what’s called “Letters of Administration.” That document proves you have legal authority to act on behalf of your son’s estate. Now, there are two possible paths forward, and it all depends on the size and type of his estate. If his total assets are under $100,000 and he didn’t own real estate, you may be able to use what’s called a Small Estate Affidavit. It’s a simpler and much quicker process than formal probate. With that affidavit, you can approach banks and other institutions directly to access his accounts. On the other hand, if the estate is worth more than $100,000 or includes real estate, you’ll need to go through the full probate process. That involves filing a petition with the probate court in the county where your son lived. To get started, you’ll need a few things: several certified copies of his death certificate, a basic overview of what he owned and owed, proof that you’re his next of kin, and the court forms specific to your county. Once you’re appointed as administrator, you’ll be legally allowed to collect and manage his assets, access his bank accounts, pay any outstanding debts, handle insurance matters, and make sure whatever is left is distributed according to Illinois law. Given that this involves a murder investigation, things may be more complicated. Some of your son’s property might be held as evidence. There may also be a wrongful death claim or crime victim compensation to consider. These are important legal details, and it’s a good idea to work with a probate attorney who understands how to navigate both the probate process and the criminal case. If you're ready to take the next step, start by contacting the probate court in the county where your son lived. Most counties in Illinois offer self-help resources, forms, and guidance to help you begin. Still, given the circumstances, having a legal professional walk you through everything may bring some peace of mind. Here are some resources that may help: • Illinois Courts Self-Help Center: https://www.illinoiscourts.gov/self-help/ • Illinois Legal Aid: https://www.illinoislegalaid.org/ • Illinois State Bar Association Lawyer Finder: https://www.isba.org/public/illinoislawyerfinder • Cook County Probate Court: https://www.cookcountyclerkofcourt.org/ There are also Illinois probate attorneys here on Contracts Counsel who would be happy to assist you. Again, I’m sorry you’re having to deal with all of this. The people who told you to get a power of attorney probably meant well, but they were misinformed. What you need is a court appointment as the estate administrator. And as his mother, you have the legal right to take that step. Best wishes to you.

Michael B.

Answered Feb 15, 2022

I certainly could have a detailed conversation, for free, and see how I can assist. I have more than 30 years experience as a lawyer in New Jersey, and I also am a trained mediator. If you want to contact me, we can schedule a mutually convenient time for a review of the circumstances.

Forest H.

Answered Sep 28, 2021

It is unlikely that she will lose the home. She has certain rights to a spousal share of his estate regardless of the surviving children or the title to the home. She would certainly benefit from speaking with a local probate attorney who can assist her in protecting her interest.