Legal Question in Wills and Trusts in Illinois
Guardian.. contesting of
My mom stroked in June. She can't
talk but can nod/shake her head to yes and no questions and seems cognitive but is slow about making decisions.
When her will was drawn, she created a trust instrument naming a brother as trustee in the event she becomes disabled and unable to manage her affairs.
My siblings are divided into two factions. I am opposed to the ''trustee brother''.
I called the lawyer who is working for the ''trustee brother'' asking if the brother had or was to have ''durable power of attorney'' the lawyer would not give me any information (conflict of interest - I guess). This morning I went to the courthouse to find what information I could and fount that a Petition for Appointment of Guardian for Disapled Person was filed and is scheduled for Hearing on Thursday 13 September 2007, in two days without any notification to me.
To contest this brother being named guardian - should I show up for this initial hearing and will it be conducted like a regular trial? Will the judge allow me time to interview the hiring of a lawyer? What if I have recourse if Iskip the initial hearing? Is there much success contesting such a will?
1 Answer from Attorneys
Re: Guardian.. contesting of
As a son, you have the right to appear at the hearing to challenge the appointment of a guardian, or a particular guardian, and to request a reasonable continuance until you have a chance to obtain legal counsel due to the short notice.
I would advise you to contact an attorney as soon as possible to review options regarding your mother's interests and your own.
Good luck to you.
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