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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
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.