Q: My mother created a Last Will & Testament (also as a Pour-over). I believe my brother...see below
My mother created a Last Will & Testament (also as a Pour-over). I believe my brother, the POA has breached his fiduciary duties.
Being a beneficiary, I asked for him to provide a copy of her will and her trust. He told me that they were at the Cook County Recorder of Deeds.
I did some research and from what I've seen, the will had to be filed with Clerk of the Circuit Court within 30 days of her passing. I went to the Clerk, and they had no will of my Mother's on file. I also went to the Recorder of Deeds. They had neither.
It has been well past 30 days of her passing.
Is it not Illinois law that her will, had to be filed with the Clerk of the Circuit Court within 30 days of her passing?
Has the POA breached their duties?
If so, what legal actions can I take?
A:
You need to hire a estate and probate lawyer.
If he didn't open an estate, then you can.
The problem is that there may be nothing to probate because everything may have been transferred out of her name.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
