Legal Question in Wills and Trusts in Illinois
something is wrong
I think my only sister manipulated my mother into writing a will and trust leaving out one of her 4 children. She secretly took mom to an attorney to have a new will done. (she had a will leaving everything to 4 kids, that she showed us after my dad died).
At Moms, I saw a letter from 2001 from the attorney saying that she should call him regarding finishing the trust and leaving everything to the same 3 children as her will states. He also asked for my sisters phone #.
My sister admits taking her, but says she never saw the will or trust. We have had problems with my sister trying to influence mom. She makes her feel indebted for everything that she does for her and says that no one else cares or goes to as much trouble as her. We would but are never let in on what is needed besides house maintenance.
I asked Mom if she changed her will leaving anyone out and she was upset and said it had to be wrong. She claims she would never leave out anyone and it needs to be re-done. My sister says both will and trust must be ''lost'' and she will have to try to get another copy from the attorney.
What should we do? If I report elder abuse, what could happen? I don't want to resort to that, but we are in the dark.
2 Answers from Attorneys
Re: something is wrong
If your mom is of sound mind then she is going to have to have a new will and trust drafted especially if the old ones are "lost". Given the actions of your sister I suggest that you go with your mom to a new attorney to have the wills drafted. Only your mom and the attorney should meet and you and the other family members can wait outside. This way there is no outside influence.
Re: something is wrong
Everyone has the absolute right to leave their property to whomever they want. The question is not whether you sister exercised any influence over your mother because all of you do. The issue is whether she is exercising undue influence over her and I suspect that if she did, your mother's new will/trust would leave everthing to her alone.
Still, the only way to make sure that the contents of the trust and will are as your mother wants, assuming she wants to leave all to her four children, is to ask her to get another done since the last one is apparently not locatable or, as you seem to suggest, hidden by your sister. It may be however that the first will and trust of 2001 accurately reflects her wishes,and it is likely that your sister is the executor of that will: note that your mother is not obliged to review those wishes with any or all of her children, as long as she is of "sound mind and memory".
If you have any other questions, please feel free to contact us.
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