Legal Question in Wills and Trusts in Illinois
Siblings changed will/trust of my mother after she was diagnosed with dementia. She was 85 years old, legally blind, with no hearing aids. What should I do when my mother dies?
Asked on 2/24/13, 10:00 am
1 Answer from Attorneys
Sue Roberts-Kurpis, Esq.
Law Office of Sue Roberts-Kurpis
You should consult with an attorney before your mother dies and try to stop the changes if that is indeed what your sibs do. Whoever has your mother's power of attorney has a duty of fair dealing when it comes to your mother's assets. However, as a general rule the holder of the power of attorney does not have the right to change the terms of a Will or Trust. It is possible that you have misunderstood what was done. Either way your sibs owe you an explanation.
Answered on 2/24/13, 10:06 am