Mattoon, IL asked in Estate Planning and Probate for Illinois

Q: How to get control of my fathers house when he dies since I'm his durable poa

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: Powers of attorney are automatically revoked at death. You will most likely need to be appointed executor of his estate by a probate court. However, there is a simpler procedure available if the vale of all of his assets, including house, cars, bank accounts, etc. is less than $100,000. A probate attorney can help you choose and implement the correct procedure.

Cheryl Powell
Cheryl Powell
Answered
  • Probate Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: You would need to be appointed as his independent administrator unless he has a will. In most states you would have to go to court regardless since it involves real estate.

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