Legal Question in Wills and Trusts in Illinois

If the referenced POA was your grandfather's POA designating you as his

attorney-in-fact, it terminates at his death. Perhaps you are referring to a

different POA or you are designated at personal representative in his will.

Regardless, you should consult an attorney regarding your legal status

and options. If it is a POA, you cannot be sued and or not required to take

any specific action. It appears they are trying to force you to do something

with a legal threat. Again, consult an attorney who can sort out the issues.

I understand the POA to which you are referring to be one where you give your cousin your POA to conduct the sale of the farm without your involvement. You have no legal obligation to do this. In fact, since you don't trust her or her lawyer and they apparently are not willing to work with you, you should hire your own attorney to supervise the sale of the property with your cousin and her lawyer. The suit they are threatening is a "partition" suit in which the court will order the property to be put up for sale to the public at a fair market price or will allow one side to buy out the other. Since you have no objection to the farm being sold but want what you are entitled to, the best thing you can do is hire an attorney of your own to work with the other side.

Good luck.

You cannot be compelled to sign a power of attorney. While I would not go so far as to say no court would ever require you to sign a power of attorney, I would say there is almost no chance of that happening in this case. It is simply inexcusable that the attorney wants you to sign a power of attorney, but will not provide you with information to which you are entitled. You absolutely should contact an attorney to protect your interests.

If you have no objection to selling the farm you can ask to attend any closing on the sale and represent your own interests (with an attorney present is a good idea) assuming you have an interest in the property.