Legal Question in Wills and Trusts in Illinois

Here is my situation, in the summer of 2014 before the final bills of my fathers estate arrived. My sister informs me nothing was done to protect my fathers estate and there is very little money left, she informs me it did not matter to me for I can not get the money anyway for I will lose my disability. I tell her that is not true but she says it is. My sister lives an upper upper middle class lifestyle outside Chicago, She has an MBA degree. I live in Puerto Rico and on disability just barely getting by. I am not on food stamps or Medicaid, I will lose nothing. Some weeks go by and she tells me she is transferring my money to my brother who lives in Flagstaff Arizona, he also lives an upper middle class lifestyle and has five college degrees. My brother calls me up and tells me the same story that I can not inherit for I will lose my disability. When I tell him that is not the case he responds with " Everything I have read says you will lose your disability if you inherit any money". I go to Social Security to verify what I know and email him and tell him that Social Security informed me that I could inherit and not lose my disability, no response. My brother come to Puerto Rico in March 2015 for a week long conference, although he was less then an hour away he only has a couple of hours one morning to come by. When he arrives I asked him if he received my email about my visit to Social Security, he tells me he thought it was a joke. I challenge him to go to Social Security and while there he is confronted with the facts that I can inherit money without losing my disability. Once outside he tells me that there is a over sixty thousand dollars for me. I asked him what he got and he gets in my face and tells me " It is none of my god damn fucking business " He is six foot and five inches tall and I am under six feet. Once in his hotel room he informs me I can not get my money it has been placed in a Special Needs Trust and it was hard as hell to get five hundred dollars out of him, since then he has occasionally sent me money but communication is practically nil. At the end of September 2016 I email my brother and sister and told them that I had talked to a lawyer and asked for a copy of the will, estate expenses and final distribution records, I was bluffing for I had not talked to a lawyer. Little more than a month later I received an affidavit from the Trust attorney stating I can get my inheritance in one lump sum minus attorney fees and expenses. In the last paragraph it states, as an inducement for my brother and sister to make distributions set forth does covenant and warrant that the undersigned (me) shall keep my brother and sister safe and harmless and indemnified as to any claims,fees damages,causes of action or other cost and expenses, included attorney fees. What are my best options?

Asked on 11/29/16, 3:47 pm

1 Answer from Attorneys

Elfreda Dockery Law Office of Elfreda Dockery

Was a probate action opened in court for your father's estate? Did you sign a receipt for the probate action? You should hire an attorney to look into this for you.

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Answered on 11/30/16, 11:56 am

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