Was this arrangement made before or after the dissolution of your marriage? And, are you re-married? Dissolution of Marriage revokes all interest and aspects of appointments executed while married. Therefore, if you are re-married, definitely not, the Illinois Courts would treat the function of those documents as if your spouse had predeceased you. If these appointments and directives were arranged after the dissolution of marriage -- possibly. Under the Illinois Probate Act, 755ILCS 5/4-7 the effect is the same as if the former spouse had died before the testator (you) and a successor executor would be appointed (usually provided for within the documents. Clearly, you’re able to envision the conflict that might arise if the law did not include this failsafe provision. Often people are dilatory in amending their estate plans. However, even if allowed to stand, both the duties of an executor and P.O.A. as such have a fiduciary duty to carry out the testator’s "written" wishes, a violation of which would have serious consequences. Your best approach is to review all of your estate documents at least every ten years of your life, or when significant changes occur, such as divorce, re-marriage, and death of a spouse. Although the law is clear on these situations, thorough review of your new social and financial position would be in order. However, your choice of appointments after a dissolution is up to the maker.
