Legal Question in Wills and Trusts in Illinois

From the facts described in your inquiry, you and your mother have taken options which enable you to represent her in certain financial and personal matters, as well as providing for transfer of the real property to you if she should die. Unless she has other property in only her name which would require probate, the joint ownership action resolves that matter. You could review any living will, DPOA, or medical directives to make certain they are consistent with her intentions, and provide for any situation in which you would not be able to perform as her representative. A detailed review of the situation and existing documents is required for legal advice, but we hope we answered your general question.

You indicated that her Power of Attorney was done over 10 years ago. Are you named on there? Often times, while the spouse is still alive, people fail to name a successor after the spouse. It is important to review the existing documents and make sure that they are correct since your father passed away after they were prepared.

If the house was re-titled correctly, you should inherit it after your mother's death without probate.

Are there other assets that she owns herself?

Do you have any siblings?

If you and your mother would like to have the documents reviewed, feel free to contact me. We can also discuss other issues that may arise going forward.

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