Legal Question in Real Estate Law in Illinois

Thank you for your question. I am sorry to hear that you and your brother find yourself in this difficult situation. There are a number of moving parts here. Hopefully I can help you..

First, depending on how tenuous your brother's situation may be, you may wish to get a power of attorney, at a minimum, for him. This would allow you to make financial decisions on his behalf. If his situation is such that he cannot manage his own affairs whatsoever, you may wish to become his conservator (e.g., court-appointed guardian/decision maker)

Second, determine if there is any paperwork/documentation which defines how his Ex is "managing" his money, or, is there some sort of agreement between the brothers that defines this "partnership" that they are alleged to have. Is he a signor on the business bank account where the money is kept?

Third, determine whether there has been any fraud/malfeasance here. It would seem that they may be taking advantage of him at a minimum. I would make sure that his property/money is protected in such a manner that nothing can happen absent his signature (and then with your power of attorney or conservatorship you can be the one who ultimately signs and makes the decision on his behalf).

Fourth, if there is fraud/malfeasance and there is imminent danger of your brother losing money/property, you could explore filing a lawsuit for an injunction and for damages. This would stop any action on their part and protect his assets.

There is a lot going on here. Please feel free to contact me if you would like further explanation. My email is [email protected].

Thanks,

Adam Tracy