Legal Question in Wills and Trusts in Illinois
Okay let me reword my question, my father is in prison for the murder of my mother. My aunt (fathers sister) sold the house everything that was in the house is now in storage what happens to all the stuff? My brother and I are still living but since I wont see my father in prison he is having my aunt give all the property to my brother. Yet half of the stuff was my mothers can he do that? I am completely lost and I am unsure of what I should do.
1 Answer from Attorneys
Your father is free to do what he will, absent any court imposed financial penalties, on what he owns. If what your father owns came to him by reason of your mother's death, that is another story--it's not permissible, but it will take a court order to stop the process. It is always a good idea to estimate the value of the property transferred: even if your father acquired his interest in the house on account of your mother's death, unless there was equity (net sale proceeds), it doesn't make any difference. If there is value to protect, you should hire an attorney to advise you and to help you protect that value. You can't do this yourself and do it right and you can't expect to get casual advice over the internet to resolve your issues properly.
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