Legal Question in Wills and Trusts in Illinois
My mother died on April 22. I found out then that I was the co-trustee of her trust and the co-administrator of her estate. So far it appears that there are no benefits to these jobs and no reimbursement for expenses either. She was the limited legal guardian of my older brother who is a paranoid schizophrenic. He, my other older brother, and I are to inherit my mother's home, car, personal possessions, furniture, and a trust account but we are told we can't sell anything, distribute any money, or pay any bills until he has another legal guardian because he can't enter into any legal contracts. The trust wants me to call a lawyer and ask them to take on his case and that he has money to reimburse them out of his share of the trust. I'm concerned in that if he can't enter into any contracts how can he be obligated to pay an attorney? I'm on a restricted income and want to be sure that my calling and sending the info is not obligating me to pay this bill if he doesn't pay it for some reason. And if this is the case how can I can I get him a legal guardian without being responsible for his debt? I contacted social security, The Shawnee Alliance For Seniors, The H" group Mental Health group, the country health department, the Office of Legal Guardianship, the Public Guardian of the county he lives in and he does not qualify for help with any of them. Can I tell the lawyer I contact that I will not be responsible for paying his fee and not be obligated? Could my brother go to his psychiatrist and get this initiated through that route on his own?
2 Answers from Attorneys
you need to call an illinois lawyer in the county where your mother died. usually telephone inquiries are free. you will need a lawyer for the estate and that is usually paid from the estate proceeds. if your brother needs a seperate lawyer for his guardianship normally that will be paid from his guardianship funds. your situation is not helpless and you simplyneed to call a reputable lawyer who does estate work. good luck. sorry for the loss of your mother.
You may petition the Court to appoint ANY PERSON as a successor Guardian for your brother. If you have difficulty in finding a family member or friend to take over as successor Guardian, then you should look for agencies that provide Guardianship services.
As a disabled person, your brother cannot enter into contracts. However, his attorney can be paid from his Estate pursuant to a Court Order. Similarly, anyone who acts on behalf of the Estate (e.g., as Guardian or as the Petitioner for a Guardian) can often be paid from his Estate for any services or costs that the Court deems to be in your brother's best interests.
You might be liable for some of the expenses of the Guardianship proceeding, depending on a few factors. Your mere petition would not obligate you to address any of your brother's issues. That privilege is reserved for the person who is ultimately appointed as Guardian.
Most attorneys will provide a free consultation regarding Guardianship matters. I always do. Feel free to call me to discuss this further. If you're not in the Chicagoland area, I may be able to refer you elsewhere for help.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
