15.01 Attorneys in Fact and Representatives of Foreign Countries
- The distributive share of a citizen and resident of a foreign country may be paid to the official representative of such foreign county (hereinafter referred to as "representative"), attorney-in-fact, or assignee of such distributee (provided said official representative, attorney-in-fact, or assignees is a bona fide resident of the State of Illinois) in the following manner:
- The representative or attorney-in-fact or assignee shall present satisfactory evidence to the court that the principal is in fact the person, entitled to receive such distributive share, and that such representative or attorney-in-fact or assignee had been duly authorized by treaty or power of attorney or assignment to receive said distributive share.
- Each power of attorney or assignment shall be signed by the distributee and properly authenticated, and acknowledged before the American Consul of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence relating to the genuineness of the validity of the power of attorney or assignment.
- The representative or attorney-in-fact or assignee shall present a petition for leave to receive the distribution in a form prescribed by the court. When such petition is allowed by the court, an order in conformity therewith shall be entered.
- Unless excused by the court, such representative or attorney-in-fact or assignee shall furnish suitable bond with sureties in an amount to be fixed by the court in substantially the form set forth in Appendix L. The bond shall be conditioned upon the payment and delivery of the distributive share to the distributee.
- The representative or attorney-in-fact shall acknowledge to, in writing, receipt of the distributive share received from the legal representative, and shall certify on said receipt that authority to receive the distributive share as described in (i) has not been revoked. The said receipt and certificate shall be filed with the legal representative's vouchers.
- The representative or attorney-in-fact within ninety (90) days after entry of the order of distribution (or any extension thereof, allowed by the court during said ninety (90) day period) shall present to the court the report of compliance together with the receipt or voucher of the distributee. In the event of a failure, refusal, or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the foreign distributee within said ninety (90) days (or any extension thereof, granted by the court during the said ninety (90) day period) the distributive share shall be deposited with the county treasurer of the county subject to the further order of the court. Presentation of voucher or receipt of the county treasurer, evidencing the deposit of said distributive share, shall be produced and filed in the court by the representative or attorney-in-fact or assignee, who whereupon shall then be discharged from further duty.
When an attorney-in-fact, authorized to receive the distributive share of the distributee, is not the attorney for the estate and is not an attorney, the attorney (affiant) representing the attorney-in-fact, shall file an affidavit, stating that the affiant will properly supervise the distribution of funds in the hands of the attorney-in-fact.