QUESTION

Regarding an estate: Can a companion to the deceased take possession of his car (on payments in his name)

Asked on Mar 16th, 2017 on Estate Litigation - Illinois
More details to this question:
My Uncle passed on 2-16-17. His companion had his POA . We have contacted the estate attorney (a friend of the companion) who indicated the companion was entitled to all the furnishings in his home. Estate attorney indicated it was a Trust. Companion has been quoting from a will which none of the beneficiaries have seen. Trust attorney out of town till 4-1-17. Companion emptied the house, took his car (under his name and still owing payments on) and has other furnishings locked in garage to which only companion has a key/remote for. Companion has his personal checking accounts, etc. which she has not relinquished. What can we do?
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1 ANSWER

Maryellen Sullivan
A couple things you may not know that can be useful: your uncle's power of attorney is not operative after his death, property he owned jointly with his companion goes to the companion automatically upon his death regardless of what his Will states, and any assets owned by a trust are managed and distributed in accordance with the trust not his Will.  An executor of your uncle's estate would have the legal authority to control and distribute any assets owned soley by your uncle in accordance with his Will.  The probate court appoints the executor, so the next step would be to file with the probate court.  Spouses, parents and adult children have priority to be appointed, but your filing as a niece or nephew would at least get the process started.  Notice would go to his companion and closest relations, and they would have the ability to seek appointment and file his Will, or be required to file the Will with the court if they do not comply.  If the companion seeks appointment, you can oppose it and present evidence to the court of her or his taking the car, etc.   
Answered on Mar 17th, 2017 at 7:45 AM

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