Legal Question in Wills and Trusts in Illinois

my husband died on july 4, 2010 we were separated but legally married for 15 years. I left him because he was abusive, I did not divorce him because I could not afford to file for divorce and provide for me and my child. He did not pay any child support or help me at all with her for the last 2 years.

In Jan. 2010 His grandfather was moved to a senior apartment by his Pastor of the church because she feared that my husband would continue to abuse his grandfather. Now that my husband is dead, I am trying to rebuild my relationship with his grandfather for my Daughters sake ( his great grandaughter) I only stayed away because I feared my husband would hurt my child or me, he was a very much an alcholoic but my daughter she is his Grandfather's ONLY Family This I can assure you. His grandfather Is Extremely wealthy and I feel that this Pastor is trying to take over his assets. She told me that she is involved Financially with him because James ( my late husband) took advantage of him and she is Now trying to Isolate me and my daughter from him she even went so far that she changed the funeral arrangements of my husband to cause confusion for me and my daughter. I have witnesses and there is a lot going on here.

I have a myriad of scenario's that this Pastor is way too involved in grandpa's life than she should be, I also never met her in 15 years of marriage and I never heard of her. On top of all that I spoke with a manager at his apartment where grandpa lives so that I could find out what is going on, I feel like the church is always there when we want to visit and her Exact words to me was, " I verify all assets for each resident here that is the rule before they can live here and I know for a fact that the Pastor does not want you or your daughter here, she wants the assets for his church and it is in your best Interest to hire a probate lawyer" He is 87 years old and competent but I fear this Pastor and Church are really trying to cut my daughter out of her inheritance, she is only 13 and I cant find a lawyer that is not very expensive. Can I please get some Legal Advice? My husband was an only child and so was both of his parents, My Daughter is the only heir to her great grandfather's estate and I feel so helpless. I have talked to so many lawyers, I feel overwhelmed here!!!!!


Asked on 7/15/10, 2:24 am

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

If the grandfather is mentally competent, there is not much you can do. If he is not, you might be able to petition the court to establish a guardianship.

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Answered on 7/15/10, 6:27 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

You've described a very complicated situation that has no easy answer. I'd be happy to brainstorm possible solutions with you, but they probably will not involve immediate legal action. Feel free to call me if you'd like to discuss this further. I won't charge for the phone call.

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Answered on 7/15/10, 1:51 pm


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