Legal Question in Wills and Trusts in Illinois

my mom is in the final stage of cancer. she has a will in place that says my brother, sister and I each get a third of her assets. she owns to condos should we have her change the will and put the condos in my name or my siblings names ? should we start cashing out her accounts ?


Asked on 11/18/14, 1:49 pm

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

Depending on how bad your mother's health is, she may want to redraft her estate planning documents to make it easier for the family she leaves behind to deal with her estate after she dies. While she is alive, no one should be depleting her assets. There are tax reasons in addition to ethical and legal issues why putting title to real estate should not be put in the names of your mother's heirs. If you want to call me I can explain.

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Answered on 11/18/14, 2:03 pm
Henry Repay Law Offices of Henry Repay

I agree with Attorney Prihoda. There is more to this than you might think. I do not see that you should do anything without your mother meeting with an estate planning/probate attorney. Also, some care will need to be taken regarding her working through you or advice given to you, versus advice given to your mother.

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Answered on 11/18/14, 2:19 pm


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