Legal Question in Wills and Trusts in Illinois
failure to disclose $ from sale....
My mother is 1 of 2 surviving siblings to my grandmother. She died while visiting one of her granddaughters. That granddaughter went to her house right after and cleaned it out and my mother and aunt had no clue she did this. Since then they have not seen any money from the sale of those items or received any of those items. It has been 1 1/2 yrs since the death and now my mother and aunt are starting to be suspicious of her actions. The reason they did not pursue or ask her about this earlier is because they were still grieving and wanted to give her time to do the right thing. Both my mother and aunt are in their 70's and don�t have much. The had a right to go thru pictures or take a cherished air loom and it was not given to them. There is also suspicion that she emptied her bank account claiming she had the right because she had POA. Do they have a small claims case here? Is it too late? What can I do for my mom and aunt? Can my mother get a copy of her past bank statement?
2 Answers from Attorneys
Re: failure to disclose $ from sale....
Your mother and Aunt certainly
have rights here. The question
is how to proceed.
Please do not hesitate to contact
me for a free consultation.
Scott Blumenshine
Law Offices of Meyer and Blumenshine
Re: failure to disclose $ from sale....
I am a bit unclear as to the family tree here. Your mother is a sister or a daughter of your grandmother?
In any event, relatives are not allowed to "clean out" the bank accounts without first going through probate. Unless there was some estate plan that gave the granddaughter exclusive rights to the property. There are statutes of limitations to be concerned with, so your mother should definitely talk to an attorney sooner rather than later.
Please feel free to give us a call.