Legal Question in Family Law in Illinois

Costody of handicapped brother upon mothers death

My brother is 50 yrs old, mentally & physically handicapped since birth. My 71 yr old mother is ill. Will my brother's care legally come to me if my mother does not specifically state it in a will? Our father is deceased and the only other relative is a brother who wants nothing to do with caring for him once my mother is gone. I just don't want to incur a lot of legal bills to become his legal guardian when the time comes. Thank you.


Asked on 2/09/98, 1:58 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN

custody of your brother

You do not state whether your mother is the legal guardian of your brother - but whether she is or not doesn't allow you to automatically succeed as guardian - the process to obtain letters of office as guardian for your brother- which should be done now - is not tinme consuming or expensive - you should do it immediately - even before your mother's death

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Answered on 2/10/98, 8:12 pm


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