Legal Question in Wills and Trusts in Illinois
My brother passed away about 10 months ago. The children of his wife are the only ones listed in his will. Before he became incapicated, he instructed them that the land owned by our mother that was given to him in a quick deed 10 years earlier should go to me and my other living brother. He told me this and the children were told and agreed. Several months later they came back and told us that they decided to keep this land.
Our mother has told all of her sons that the property should always stay in the family and that is should never pass outside of our bloodline. At the time of my mother's passing, I had Power of Attorney, Executor of the will, and Trustee of a Living Trust Agreement. The quick deed signed by my mother to him only had an "x" for a signiture and was done 3 days before she passed. She was under hospice care and was taking morphine at the time. Also we have a signed copy of a loan agreement between by deceased brother and his wife (also decreased) of $20,000 that was never repaid back in 1990.
Is there anything that we can do to get the land back? Is the quick deed valid since she was not coherent when she put her "mark" on the deed? Can the money owed be put as a claim against his estate? All of this is in Illinois.
Thank you for any help you may be able to give.
2 Answers from Attorneys
You could sue for tortuous interference with inheritance. www.legacylaws.com
You need to sit down with a PROBATE lawyer very quickly to go through the documents that you have. A situation like this is fact-specific and deadlines must be strictly adhered to. The attorney will be able to tell you what rights you have as a brother of the decedent and the deadlines for contesting the will, etc.
Good luck to you.
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