Legal Question in Wills and Trusts in Illinois
Will of Grandmother with 5 children.
My Grandmother has a Will but is now filling out a Living Will since she is in the hospital. My mother who has lived with her for about 20 years due to a nervious breakdown is recieving disability and she has 4 siblings whom would fight like the devil to get a larger part of the inheritance. Mom is supposed to recieve the House as her inheritance since all the others own their own homes. How possible is it that the living will would over-ride the earlier will? Rumour is that my uncle wants to sell the home so that it could be added to the vacant property next door will be large enough to rebuild new homes. The house is located in a popular Chicago neighborhood and is looking delapidated. My uncle also oversees Mom and Grandmas money matters including:stocks, banks and bills etc... Will he be able to displace my Mom and take control and inheritance that belongs to my Mom? I have been residing and helping out with bills etc... for around 18 months. Will I be able to have any influence on making sure Mom gets to keep the house. There is also unknown assets Grandma says will be divided among Mom's siblings.
2 Answers from Attorneys
Re: Will of Grandmother with 5 children.
If your grandmother is legally competent
she can always revoke or amend her
prior will.
A living will is generally a document
that transfers power to make financial
or medical decisions to another
individual.
You could influence matters only to the
extent that your grandmother is legally
incompetent. Any influence you
may wield if she is incompetent
would likely be deemed invalid.
Hope this general response provides
you with helpful information.
Please feel free to contact me
for further discussion.
Scott Blumenshine
Law Offices of Meyer and Blumenshine
Re: Will of Grandmother with 5 children.
A Power of Attorney for Property (which is the document you are describing) grants the legal right to another person to act as the agent over your grandmother's finances and assets.
This means that whomever is acting under the Power of Attorney has the authority to sell or transfer property that is in your grandmother's name, if he believes it is in her best interest.
Once your grandmother signs this document, the agent is not required to consult her prior to making any decisions, but on the other hand, the agent is also bound by the fidicuary laws of the state of Illinois and must act appropriately.
If your grandmother is not competent, she may not sign this document. In its stead, a family member would be required to file for a guardianship over her. The probate court would oversee her assets from that point on, and it may, therefore, afford hers and your mother's assets some more protection.
I would strongly advise you, on behalf of your mother, to consult with an attorney to determined everyone's rights in this situation.
Good luck to you.
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