Executor letter

My husband passed away no Will. His parents left him money that was to go to spouse and grown children. The insurance copy is requesting an executorship letter for an attorney. How do we get one drawn up or how do we proceed?

Asked on September 26, 2017 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation.  First off the Will of his parents is a public record.  The entire proceeding is in fact.  So go to the Probate Court and ask to look at the file.  Then copy what you need.  As for our husband, he died "intestate" - without a Will.  What "insurance company" are you talking about?  Your husband's insurance? If the insurance policy did not designate a beneficiary then the company will pay the funds to "the estate of so-and-so."  So Someone needs to be appointed as the Personal Representative of the estate to be able to open an estate account and deposit the funds.  That requires a Petition to be filed.  Go to the Probate Court in the County in which he resided at the time of his death.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.