Legal Question in Family Law in Illinois

help

Mother in law died leaving a house to two daughters. Fran was the executor of estate and Linda is half owner of land. Fran helped herself to Linda's part of insurance and money from personal accounts of the deceased. She put Linda in a mental ward and is renting out the house and receiving all the rent and no one cent has been given to Linda. Linda is bi-polar and lived on her own for 30 years and Fran took the money bought herself a home in Ohio paying cash for it with Linda's assests and now lives there. Linda cant even have a visitor unless Fran approves it and she is not even in the same state. Linda has had no visitors for months and when my husband went to see her the facility was all upset since he was not on the list as Fran's approved visitor. Her brother Roger went to visit her and they called Fran first and she denied him access to her. Fran has also done simular things like this to Roger as far as theft and forgery. What would ther rights be as to getting Linda out and allowed to live in her family home with Roger as her legal gauardian. She sits at this place and when Gary my spouse goes to see her she is so medicated and unable to function that is is heart breaking to our family what one sister did for money.


Asked on 1/21/09, 2:39 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: help

You have not given any time lines for this. I don't know if this happened over a number of years or months. Was an estate opened? Does Fran have power of attorney on Linda's behalf? I would bet that no estate was opened, and, therefore no judicial oversight. You are not clear if there was a will. You may still be able to open an estate and petition the court for an accounting, and to remove Fran as executor. This can be very expensive, so you must evaluate whether you want the expense. The fees are hourly, with a large retainer. Please call for further discussion.

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Answered on 1/21/09, 4:06 pm


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