QUESTION
Who should be named Administrator of my father's estate since no will was established?
Asked on Jan 18th, 2013 on Wills and Probate - Illinois
More details to this question:
Father was in an accident over 20 years ago. Was given a name of a lawyer who we hired to oversee my father's assets and estate while he recovered. My mother was named guardian over the estate. The court later designated that she have a co-guardian, and named the bank that handles my father's assets as such. My mother was his primary caregiver, was given a monthly stipend amount for living expenses for my father only (the court said she needed to pay for her own groceries, gas, medical insurance, etc). My father passed away at the end of 2012 and the lawyer told us that my mother is now cut off from receiving any more money because it was technically my father's assets and not hers. The lawyer did not have my father write a living will or trust, wants us to name the bank as the administrator until it finishes up in Probate court. We are afraid my mother will be left with nothing if she has no say on how the estate is handled. Who should we name as administrator?
1 ANSWER
Estate Planning Attorney serving Batavia, IL
at
Drendel & Jansons Law Group
Update Your Profile
I am assume there are many facts that are relevant to the estate that have not been stated. To answer the bare question, however, Section 9-1 of the Probate Act provides as follows:
A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged disabled person as defined in this Act and has not been convicted of a felony, is qualified to act as administrator.
Although any "qualified" person may act as administrator, the Probate Act establishes a list of "preferences" as follows:
Surviving spouse
The legatees or person nominated by them (persons named in a Will)
The children
The list goes on from there.
Answered on Jan 25th, 2013 at 11:28 AM