Legal Question in Wills and Trusts in Illinois
Is Moms trust legal?
My mother is 78 and has a difficult time making any decisions. My sister had her name put on my mothers checking after my dad died so she could help her with paying the bills. My mother was in a rehab center almost 3 years ago and I think my sister had a trust agreement drawn up leaving the house to her and had my mother sign it while in the nursing home without her understanding what she signed.(the date says it was filed while she was in the home) She thinks her will reflects her wishes to leave everything to her 3 sons and 1 daughter. When I asked my sister what is going on with moms finances, she is very vague and secretive. For all we know, she had my mother sign a power of attorney too. She also claimed that 3 years ago she took the money out of my mothers account to pre-pay her funeral, (in case she had to go on medicaid)but now she says she never paid for the funeral. Who knows what she did with the money. For a long time it seems mercenary to discuss the money matters, but now it seems that if it isn't settled while mom is still around, we won't know until it is too late. What alternatives do we have?
2 Answers from Attorneys
Re: Is Moms trust legal?
If your mom is on medicaid and your mom did not get advice from an elder law attorney to save her assets, the government will get almost everything, even the house, to repay medicaid. If your sister has depleted her accounts for her own use the government will make her pay it back. I really don't know the facts, but poor planning for medicaid will cost everything your mom owns.
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Re: Is Moms trust legal?
Mom's trust, if it exists, is probably legal. It is far easier to act now, while your mother is still alive, to preserve her rights to her assets, and your rights to an inheritance. Yours is a common story in our experience, and "putting the toothpaste back in the tube" is much easier while mom is still alive.
If your mom is competent, its an easier task. If she's not, you may have to bring a court action setting aside your sister as holder of her power, but you must have facts to back up allegations of wrongdoing. I'd start with title to the house, which is an inexpensive search from a title co.
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