Legal Question in Wills and Trusts in Illinois
real estate trust
my friends mother left her home to her and her brother in a trust. the brother is a drug addict and spent $60,000.00 the mother left him on drugs in one year now he wants to sell the home can he be declared incompotent
3 Answers from Attorneys
Re: real estate trust
Hello. In order to have the brother declared a disabled person it will be necessary to file a disabled person's petition. You definitely should have representation here. However, whether the court will make a finding that the brother is disabled and unable to make decisions in his best interest due to substance abuse will be in the court's sole discretion. Will be happy to discuss this further and in more detail.
Re: real estate trust
Hello. In order to have the brother declared a disabled person it will be necessary to file a disabled person's petition. You definitely should have representation here. However, whether the court will make a finding that the brother is disabled and unable to make decisions in his best interest due to substance abuse will be in the court's sole discretion. Will be happy to discuss this further and in more detail.
Re: real estate trust
Hello. In order to have the brother declared a disabled person it will be necessary to file a disabled person's petition. You definitely should have representation here. However, whether the court will make a finding that the brother is disabled and unable to make decisions in his best interest due to substance abuse will be in the court's sole discretion. Will be happy to discuss this further and in more detail.
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