What to do about a Will if both executors are deceased?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about a Will if both executors are deceased?

My stepgrandmother had been in a nursing home for the last 2 years and passed away. They found her life insurance policy and Will which they read and bonds. Both of the executors named in the Will are deceased. We have tried to locate her 2 children with the help of the coroner but cannot. They will release the insurance papers so I can make contact with them and the Will. What do I do with it? The bonds they found and are saying that they will be turned over to public aid. They were never signed but want to make sure this is legal. Any advise would be helpful.

Asked on February 7, 2012 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If no one is stepping up to the plate here then you yourself can offer the Will for probate and asked to be appointed as the Executor given the circumstances.  That will give you the power to be able to act under the law, and the powers are many. Now, I would take the bonds to a trading company or an investment house and have them looked at.  You may be able to show purchase and possession and chain of custody and the estate - you - can execute them on the decedent's behalf.  Legal help is advised.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption