Yes, it is a power of atty's responsibility to c that her bills are paid out of her income.

Liens (mortgages) are not extinguished by the death of an owner. Any open liens (mortgages) stay legally attached to the property. So if you leave your home to a child, and at the time of your death there is a $150,000 mortgage, your child inherits the property "Subject To" the... View More

A good place to start is the Clerk of Circuit Court of the county in which he was a resident or owned real estate.

They will tell you if his estate was probated. If it was, you can get copies of all the records.

If the power of attorney was properly prepared, then the only way to remove the agent (your brother) is to show

that he has violated his duty of care by failing to act in the best interests of the principal (your mother).

This might involve financial abuse or medical abuse.

If the will wasn't witnessed by two witnesses who were present when you signed and they signed as witnesses, it's not worth the paper it's written on.

The notary doesn't count to determine whether there is a valid will.

The powers of attorney have their own wrinkles.

Land trust has a trustee and one or more beneficiaries.

What does the trust say as to who is the beneficiary.

It it's you, then you own the house and the siblings have nothing to do with it.

If the house has to be probated, you have a claim for taking care of your... View More

In Illinois the will would be valid but you would be left out and treated as though you predeceased him.

You could have the POA notarized by a notary at a US Embassy or Consulat.

If the property is located in Illinois, you can obtain a copy here (please note that the property does not have to be located in cook county for this form to be applicable)

http://cookrecorder.com/wp-content/uploads/2013/02/Surviving-Tenant-Affidavit-AKA-Deceased-Joint-Tenancy-Affidavit.pdf

An IL estate planning lawyer can review to determine if it complies with IL law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It... View More

Go have a full discussion with a probate attorney about this.

Yes, you need to file a probate petition with the courts, and also need to ask the court for a writ of possession for the personal property. Who does the house belong to?

Yes, one with children has the legal right to will his property to anyone he likes. In the case of an intestacy, the children may be eligible to get their intestate share. Please consult a probate attorney.

It's best to contact an attorney who practices in the area of law that you are seeking advice on. I see that you posted under "estate planning law," so I assume you have some need for advice in that area. Estate planning can involve relatively simple matters, such as drafting a... View More

Contact a lawyer who does probate law. It is worth it for the future of your family. It is one of the most important documents you can have and can prevent years of family division if you draft it poorly. The money is well spent and most are fairly reasonable if not too complicated. I do not... View More

Different lawyers charge different rates and it also depends on how complicated the will is. Ask around where you live for a lawyer who does probate or estates and trusts. They will normally after asking some questions, quote you a price. Remember just going to the cheapest lawyer should not be the... View More

Yes. If you are serious about this, I HIGHLY recommend that you obtain an attorney to assist you with this process.

Generally, once an administrator is appointed, they can only be removed by cause as provided for in 755 ILCS 5/23-2 (the Illinois Probate Act). A representative may be... View More

No. First, under § 755 ILCS 5/28-11(f), "In the absence of fraud, accident or mistake, an order discharging the independent representative and declaring the estate closed is binding on each person whose receipt or approval was filed with the report and on each person to whom notice thereof... View More

for a will to be valid it has to meet certain requirements such as having 2 disinterested witnesses plus there might be stapling issues. depending on the circumstances there may be an issue with your mom's testamentary competence. it is better to be save than sorry - get a lawyer to do it.... View More

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answered on Jul 8, 2011

I suggest that you contact a Probate attorney for the purpose of opening an estate. Once an estate is opened, you can subpoena the trustee and require him to produce the trust.