Legal Question in Wills and Trusts in Illinois

The last will "speaks" on the date of the testator's death. In Illinois, upon the death of an individual who resides in Illinois, any person in possession of the will has a duty to file the will as a public record with the clerk of the court of the county in which the testator resided on his or her date of death. A willful failure to file the will of a deceased person is a criminal offense.

If you suspect your brother is abusing his POA to the physical or economic detriment of either or both of your parents, this may be a law enforcement issue. Act accordingly.