Legal Question in Wills and Trusts in Illinois

My Aunt passed away this week, her husband passed away 6yrs ago, and no children, no will. My older sister was POA she was joint on her checking acct. my aunt had two annuities, one with me and my two sisters as beneficiaries, the other just me as beneficiary, my little sister co-owned the house with her. My older sister is refusing to pay for the funeral with the money my aunt has in her checking acct over $8k she told the funeral home to go after the money she left me. Her siblings are going after my little sister because they want my aunts furnishings left in the house to my sister. My older sister said nothing to the funeral home about the money left to her and says the money in the bank is gone, I know that's not true I asked the bank it's all still there. Can my sister legally just take money that doesn't belong to her for herself and refuse to use it for my aunts funeral or any other her bills? How can she make me soley responsible for the entire funeral and just walk away with everything???


Asked on 11/24/12, 12:07 am

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

There is enough here that the longer you wait to consult a probate attorney, the more you will likely spend in the future sorting it out. Presumptively, the joint account belongs to the survivor, but the background should be considered with an argument that would have to be proven by evidence that the joint account was established that way merely for convenience. The annuity funds should go straight to the beneficiaries. The home situation is unclear as we do not know how title was held and we have to assume "her" refers to your aunt. The furnishings may belong to all the heirs since you say there was not a will. Unless the furniture already belonged to your little sister (perhaps by gift or joint ownership), that would belong to the estate and would be subject to final claims, including funeral expenses. An attorney will better confirm the details and give you a thorough analysis.

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Answered on 11/25/12, 12:46 pm


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