Legal Question in Legal Ethics in Illinois

My sister paid for my mom and dads plots when my dad died and my mom was to pay her back for them. Since then my mom has gotten dementia and is in a nursing home. My brother is the poa and refuses to pay her for the plots, which my sister has the deed.He said that he would by another plot rather than to pay her for that as they dont get along. Is there anything that can be done legally...


Asked on 7/09/10, 3:51 pm

1 Answer from Attorneys

I would guess that the plots are owned by your mother from the way your posting is worded. It is always difficult to work with family members who are not agreeable for whatever reason.

Your sister should be sure to have evidence of her payment for the plots (cancelled check, receipt) as well as evidence that shows your mother agreed to reimburse her.

If your brother does not pay her during your mother's lifetime, she can file a claim for reimbursement through the probate court at that time.

Perhaps you can act as mediator to get this resolved before then.

Good luck to you.

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Answered on 7/10/10, 11:58 am


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