The trustee of my father’s Will is no longer alive.

UPDATED: Oct 16, 2019

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The trustee of my father’s Will is no longer alive.

My father passed away in 2017. In his Will he list his father which is also passed away as trustee of the

Asked on October 16, 2019 under Estate Planning, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are a beneficiary, you can file a legal action in court to have the court appoint someone else to be the trustee (or executor); then that person can carry out the will's requirements. In the action, you can propose yourself for the role; the court is not required to take your suggestion, but may well, since you are a logical person (as the deceased's son) for it. Contact the probate court's clerk's office to inquire into the procedure for doing this.

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 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.

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