Legal Question in Wills and Trusts in Illinois
How to get trust information
My mother-in-law has been ill for 4 years. My sister-in-law had her health power of attorney since then. She decided that as the oldest child and only daughter, it was her responsiblity to make all the decision regarding her mothers care, including spending all her cash on live-in care for a year,(now that she can't afford it, she can live alone), she claims she put the house in trust and that she is now the only one that will get the house and everything in it. The will states that it gets divided evenly between her four children. My mother-in-law admits that she has signed alot of papers, but she says that her will gives everything to her kids evenly. Plus, my sister-in-law (whose name is on the checkbook) claimed a year ago that she used money to pay all the funeral expenses in advance in case her mother needs medicaid, now says that she never made any arrangements or paid for anything. Is there a way to find out what is going on? Does the trust have more power than a will? I also know that there is absolutely no way that she would have knowingly signed anything that might jeopardize her house, since she will not leave it while she is alive. What options do we have to find out what is going on?
1 Answer from Attorneys
Re: How to get trust information
There are laws in this state to protect the elderly from those who may attempt to take advantage financially.
You said that your sister-in-law has agency under a health care power of attorney. What about the property power of attorney? How is she able to transfer the real estate in to trust?
If your mother-in-law didn't have capacity to sign the forms herself, then there is a question of some kind of undue influence and it should be investigated.
You should talk to other family members and see what you can collectively decide to do about the situation, and then speak to an attorney about the possibility of having a guardian appointed.
This answer is based solely on the information contained in your posting. It should not be relied upon as legal advice.
Good luck to you and your family.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
