Legal Question in Elder Law in Illinois

Brother-in-law trying to change everything

My mother-in-law has alzheimers. She is living with us

my husband has power of attorney for everything including

health she granted him it before she became incompetent.

My brother-in-law lives out of state only wants to see or

help when he sees fit. But he wants everything money,house

stocks etc.He is trying to change everything so that he

gets it all. But we have tried to explain to him that if

she gets to the point of 24hr care we will need to sell the

house and use the money for her care. He won't have it he

has taken her to an attorney and has had a new living trust

set up behind our backs. We found out about it through her

canceled checks. Could he of do this legally and is it

binding?


Asked on 9/24/03, 4:10 pm

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Brother-in-law trying to change everything

The question is did your motherinlaw have the mental capacity to execute the living trust. If she did then the trust is valid. If she did not have the capacity then the trust is void. The problem you will need a court to make this determination. You will need a lawyer to challange the validity of the trust. This sort of litigation is not cheap. good luck!!

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Answered on 10/03/03, 2:21 pm


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