A Will and Power of Attorney are two completely separate matters. Whether a Will is valid is completely irrelevant to the power of attorney (or guardianship) that you will need to sell the house. However, Illinois law is the same with all estate planning documents. Under Illinois law, dissolution of marriage will automatically revoke the provisions of wills, revocable trusts, and powers of attorney that pertain to a former spouse. 755 ILCS 5/4-7(b); 755 ILCS 45/2-6(b); 760 ILCS 35/0.01. I hope there is a power of attorney for property that named a successor agent. Then that person could sell the house on your ex-husband?s behalf. If not, then you'll need a guardianship proceeding to have someone named as his guardian. Then that person can act on behalf of your ex-husband to sell the house.
Answered on Oct 12th, 2016 at 6:20 PM