Legal Question in Wills and Trusts in Illinois
My 91 year old father died in September 2013. He was a live long stock market investor. He and my sister, who had Power of Attorney, lived in Illinois. My brother and I live in California. At the time of his death, we were told he died without a will and not one cent in his estate. She has refused to cooperate and provide any documentation or tax returns. We suspect she may have used her Power of Attorney to empty the estate. What recourse do we have?
2 Answers from Attorneys
A court proceeding can be opened for the limited purpose of determining whether there are assets in the estate. That may include having the authority to check with various places, such as banks, investment advisers, etc., or may include bringing in parties to testify under oath. You do not state where in Illinois your father lived.
Litigation is the only tool that will work. No attorney is likely to be willing to represent your interests without a substantial retainer. The more specific information you have concerning your father's lifestyle, the better the likelihood of uncovering useful information. If you were estranged from your father, you have little to work with. Mere suspicion and mistrust may not be enough to jumpstart this investigation.
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