Legal Question in Wills and Trusts in Illinois
My mothers will is a trust and sister is power of attourney. I am one of four beneficeries. She has changed locks and will not let us in. She sold the car to her son, should she have given the options to a beneficery 1st. She took it to carmax for a quote of the value and we have no proof of this and I thought the beneficeries get the option of buying it first. She has taken alot of stuff from moms condo is any of this leagal and if not what are my options to pursue this. She has even taken rings my daughters and I had given to my mother. She claims someone broke into the house but yet she would not make a police report.
Thanks
2 Answers from Attorneys
This could be elder financial abuse. You could file to have a guardian appointed. A more complete history is required. But if her assets amount to nothing more than personal property it may not be practical to hire a lawyer.
Unless your mother's Trust contains very unusual provisions, your sister was probably not obligated to sell your mother's car to any of the beneficiaries of her Trust. If your mother could no longer use her car, and your sister decided that it would be best to sell it, she was obligated to sell it for a fair price. If she truly sold it for what Carmax valued the car for, then she has done so.
Since you have doubts about your sister's actions, you should demand that she account for and share all information with you. She might do so if she received a firmly worded letter from an attorney. However, if that fails, you might try to become your mother's guardian. Keep in mind though, as Mr. Turza mentioned, if your mother only has personal property of little value, it probably won't be cost-effective to hire an attorney.
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.
