Legal Question in Wills and Trusts in Illinois

Probate

My aunt died this year intestate in GA. She resided all of her life in NYC. I recently discovered that a second cousin who was staying with her obtained power of attorney over her affairs when she was 95 yrs. old and then a few months later she transferred the deed to my aunt's brownstone located in NYC, worth $1M - $2M to herself and then just last year she transferred the title to her daughter. Do I have a probable cause to have the deed set aside? How expensive would it be? My aunt has no children or living siblings. I am a neice and the other direct heir would be my 87 yr. old cousin whose daughter has transferred the property in question. Also, their was an annuity that I was a partial beneficiary of. This same person appeared to have raided the annuity the same year that she obtained the power of attorney. So that there was only a paltry sum left. I am in Illinois. My aunt died in GA but the property is in NYC. Where would I file my cause of action?


Asked on 6/04/08, 12:48 am

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Probate

The Georgia probate court located in the county where your aunt resided would most likely be the forum for this since a "Citation to Discover Assets" would be done to determine whether the POA disappropriate funds or whether your aunt gave her permission to make the title changes.

Good luck to you.

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Answered on 6/09/08, 2:51 pm


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