Full question:
My father had a will and in it he left all assests to my mother. It stated if she died then my sister and I were to inherit my parents estate and split it equally. It named me as the executor. However, upon meeting an attorney this am she said that since my mother didn't have a will that my father's will was null and void. Thus we now have to pay $4,000.00 for bond to have me or my sister become the administer of my parents estate...Any input that you could offer would be appreciated. This ia all so confusing to me. Thank-you!
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: Illinois
Answer:
A mutual will is a contract between spouses to dispose of property in a specific way. Generally, spouses agree to make reciprocal wills that leave their property to each other, and the will is irrevocable after the death of the survivor. If the first spouse dies and the survivor probates the mutual will, the survivor must follow the distribution scheme outlined in the will. However, a mutual will is only effective if both spouses create reciprocal wills; otherwise, there is no binding agreement on how the surviving spouse must distribute their own property.
Regarding your situation, your father's will may not be considered null and void simply because your mother did not have a will. However, the bond requirement is a standard court procedure in probate cases. The court usually requires a bond from the executor or administrator to ensure they will faithfully perform their duties. If your father's will did not specify that you could serve without a bond, you will need to pay the bond fee, which is $4,000 in your case. This is outlined in the Illinois statute (755 ILCS 5/12-2), which mandates that an individual representative must file a bond unless the will states otherwise.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.