Legal Question in Wills and Trusts in Illinois
My uncle was pressured into changing his will by his family, who he hadn't seen/spoken to in years. His wife was my aunt and we had been taking care of him since she died 4-5 years ago. We had been dealing with early stages of dementia and his doctors were in the process of medically proving how bad it was, plus he has bladder cancer and we had been taking him to chemo and making sure he took the right medications. My uncle's brother made comments while my uncle was in the hospital and in the room about how they deserved the money when he died. We weren't "blood family", my aunt had all her wishes in her will and everything she needed us to do for my uncle. My uncle is now getting worse and his brother and sister are complaining about how much trouble he is and how he is ruining all their plans. My family promised my aunt we would take care of him and we had been until his side swooped in and made a mess of things. Is there anything we can do to fight back?
2 Answers from Attorneys
What are you trying to accomplish right now in terms of "fighting back"? If it's ensuring that he gets cared for appropriately, you might want to look into having a guardianship established. You didn't mention if anyone is acting under a power of attorney, but that would be a factor as well. If he's being mistreated or abused, there are agencies that can investigate such claims.
If you're talking about a future battle over his will/estate, that can't be dealt with head on until after he passes.
Furthermore, there is a presumption of undue influence on the part of anyone who has a financial power of attorney who persuades the testator to change his will in favor of the attorney in fact under the power of attorney. You may be able to make a claim against your uncle's estate after he dies for your time and expenses in caring for your uncle. If your uncle's family is making it difficult for your uncle to obtain the appropriate level of care for him now, you will help your uncle only by getting yourself appointed his guardian. Maybe it doesn't make much difference if he's in a hospice environment where trained professionals are assisting with his daily needs. However, if you believe his well being is being compromised, you should consult with an attorney specializing in elder care, especially if there appears to be an emergency nature to the situation.
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