Legal Question in Wills and Trusts in Illinois
Do I have any recourse after my sisters withheld my inheritance after the death of my mother? I was adopted when I was 3 by a family that had two natural daughters. They were 17 and 7 years older than me and it was clear that they were not happy about this adoption. They were never loving, always picked on me and the bullying carried on through adult years. They excluded me from any decisions regarding my elderly parents and ultimately squeezed me out of any inheritance. I stopped in to visit my mother one day only to learn on that very day my sister was taking her to live with her an hour away. I wasn't even told about it. She kept her there for 3 years then put her in the county nursing home. I had a home with a mother-in-law apartment and asked that they allow my mother to live with my daughter (who was in nursing school with a special interest in geriatric patients) and myself. They declined and my mother spent the next 3 years in the county home. She did not require around the clock care, only assistance. My mother's house sold and an auction was held to liquidate all of her possesions. My sisters took all of the proceeds.My mother had savings and social security. When my sisters made the arrangements to move my mother out of her home (which was paid for), I believe at that time my mother turned her finances over to them with the agreement that they would divide the estate evenly. She trusted them to do what was right. Is there anything I can do?
2 Answers from Attorneys
Two important factors are:
1. What sort of documents your mother signed, and
2. When all of this took place.
If our mom gave your sisters unrestricted control over her assets you may be out of luck. On the other hand it may be that they were acting in a position of trust "fiduciary capacity". If this is the case then a court may hold them responsible for fulfilling your mother's wishes. The actual documents are important.
There are time limits on when you can file to have a court get involved. If your mother died recently then you will have a better chance.
Since you were kept in the dark I doubt you have the answers to the questions that need to be answered in order to find out if you are entitled to anything. You would have to take a financial risk by paying an attorney to open an estate and going through "discovery' which compels your family members to "disclose" information and documents. The disclosure of things like power of attorney, will, trust, financial statements etc. would tell the story and you would have to accept that it may not end well for you. I am sorry for how you were treated. Unfortunately this happens a lot when a "trusted" family member takes control from a parent in declining health. It leaves you in a tough spot. A great deal depends on how much is at stake. If your mother had a lot of wealth it may be worth it to pursue, but if in the best case scenario you would get one-third of a small amount then it probably is not worth the heartache. I feel for you because more than money is involved but the decision largely comes down to the dollars. Take care. www.legacylaws.com.
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