Legal Question in Elder Law in Illinois

We live In Illinois. My Mother died 12 years ago. My Father (75 Years Old with beginning stages of dementia) had a woman (80 years old) move in with him 2 years ago. This woman is my cousin�s Mother in law and has limited income. My father told his friend that she can live there for free and suggested for her to save her money so if he dies first she would have a little money saved up for when she moves back to her trailer in Arizona. My dad has a will in place and upon his death all his assets will be divided among me and my four siblings who are listed as beneficiaries in his will. My question is can this woman make claim to my father�s home and or assets in the event he dies before she does.

Asked on 8/17/12, 5:49 am

Sanford M. Martin Sanford M. Martin, P.A.

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If the woman is merely living there in the residence without any spousal relationship

or written agreement with your father, the woman has no rights and is not a beneficiary

of the estate. If she is mentioned in his will or has other rights, such as a POA, she

could have some effect on decisions made regarding your father and his property.

Answered on 8/17/12, 6:55 am

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