Legal Question in Wills and Trusts in Illinois

Estate ownership

My mother and Father died leaving no will. I have 3 siblings. Through devious means my older sister has ownership of my mothers' building Quit claimed to her. Assuming she owns the building . What happens to any and all of the rest of the Estate? There also was bank accounts and a portfilo of funds and bonds. She had Power of Attorney while mom was living. What does the letters JTWROS represent? these letter followed my sisters' name who was signed on the account.


Asked on 5/17/04, 11:45 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Estate ownership

Joint tenancy with right of survivorship - it means that during the lives of both owners listed on the property, the property is owned together "in joint tenency" and both persons have ownership rights. When one of the parties dies, the remaining person owns 100% of the property - the deceased person cannot "will" his/her share of the property.

It sounds like you and your siblings will need to speak to an attorney about your rights in challenging the distribution of the estate.

What was the reason for your sister to have power of attorney for your mother? If there was an issue regarding your mother's mental capacity and your sister transferred assets into her own name without your mother's knowledge or consent, you may have a case.

Regardless, will contests, especially between close family members are not quick and easy. As soon as possible have a probate attorney review your case. The longer you wait, the harder it will be to retrieve any property that was missappropriated.

Good luck to you.

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Answered on 5/18/04, 8:53 am


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