If a will was made but couple are now divorced and ex is sick, is that will valid? 2 Answers as of October 12, 2016

I was married and we both have a will. Now we are divorced. My ex is in a nursing home with Alzheimer’s. He never did a new will after our divorce. I now need to sell a house we both own and we have a title too. Would that will be valid if he never appointed a power of attorney?

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Law Office of T. Phillip Boggess | T. Phillip Boggess
A Will and Power of Attorney are two completely separate matters. Whether a Will is valid is completely irrelevant to the power of attorney (or guardianship) that you will need to sell the house. However, Illinois law is the same with all estate planning documents. Under Illinois law, dissolution of marriage will automatically revoke the provisions of wills, revocable trusts, and powers of attorney that pertain to a former spouse. 755 ILCS 5/4-7(b); 755 ILCS 45/2-6(b); 760 ILCS 35/0.01. I hope there is a power of attorney for property that named a successor agent. Then that person could sell the house on your ex-husband?s behalf. If not, then you'll need a guardianship proceeding to have someone named as his guardian. Then that person can act on behalf of your ex-husband to sell the house.
Answer Applies to: Illinois
Replied: 10/12/2016
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
A valid Will executed before an order dissolving a marriage remains valid. The dissolution of marriage does not revoke the Will. A separate act of revocation is required. Any legacy to the former spouse or nomination to office of a former spouse in the valid Will is voided as if the former spouse predeceased the testator. The Will has no effect while the testator remains alive. If your former husband lacks capacity and did not execute a power of attorney prior to his losing capacity the only way to deal with his assets is to open a guardianship and have a guardian of the estate appointed. You should see an attorney to deal with the issues presented in your question.
Answer Applies to: Illinois
Replied: 10/12/2016
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