My husband's mother is 92 with failing health. She is a widow living in her own home. She has a small house and lot of valuable antiques my sister-in-law would love to get hands on.
My husband and his sister do not get along, she is a control freak who cannot be trusted. Her husband is even worse and we suspect stole money and jewels from the house. My husband is worried that when his mother passes that he will be stuck dealing with his nasty sister and her husband over handling the estate.
The sister is very shrewd and smart about matters concerning Illinois law. We need advice on what steps we should take to head off any problem that I'm sure will arise.
The mother has a will but is leaving the dividing of property up to her two children. She has given power of attorney jointly to both of them,
My husband said he would get a lawyer and have the estate tied up in court rather than deal with his money-hungry sister. He values peace rather that riches. Should we get a lawyer?
2006-12-26 06:14:21 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You don't say how much the estate is worth. Yes, you should get a lawyer. Unfortunately, the lawyer will take some money out of the estate as well, and this case sounds complicated, what with joint executors. I still don't see any other way -- you certainly need someone that knows Illinois probate law better than your sister-in-law.
Just remember: Litigation is two farmers arguing over who owns the cow while the lawyer milks it.
2006-12-26 06:20:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Running to a lawyer for help is the last thing I would usually do. Unfortunately for you, based on your description of the circumstance I would recomend it. If your sister-in-law is savvy about law, and your mother-in-law divides the estate in her will, leaving it to both parties to decide what to do, it seems like your only best option. If you could try and reason with her and get her to divide the estate before your mother's death and sign an agreement on how you plan to do so you might have some peace of mind when the unfortunate time comes. Even still, I'd recomend a lawyer if you took this route. Best of luck.
2006-12-26 06:27:26 · answer #2 · answered by Pfo 7 · 0⤊ 0⤋
Yes, I'd suggest a lawyer.
The powers of attorney will pass with her so those are worthless after she dies.
Ideally her will should nominate a disinterested party as executor. An attorney or trust officer at a bank would be ideal. It will be up to the probate court to approve the executor, her nomination is not automatic. If she does not nominate an executor in the will, the court will appoint one. An attorney can help here as well to ensure than the executor does their duty properly.
An attorney can act quickly upon her death to ensure that there is no hanky-panky. Anyone who removes anything from the home prior to probate can be charged with theft from the estate.
The estate HAS to be "tied up in court" legally, through the probate process. There's no way around that legally.
2006-12-26 06:23:41 · answer #3 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Well if you suspect that they have stolen from her... Do whatever you need to do to protect her things from them!
Im certain that she loves her things and even though you have no greed for them, just making sure that they are kept in the family and passed down to your children would probably not only make her very happy... But it would make it worth the effort to secure an estate lawyer to be certain that the integrity of each item is properly looked after into the future.
Antiques that are not insured are looked upon as just household items and are not always treated as they should be.
You don't want her precious things just taken and tossed up to auction. People save things for other reasons than just there cash value but it was also a way for people to collect things and have them just incase. It is like money in the bank.
If not for you (you Maybe could care less?) Then save them for your children and do whatever you can to make certain that they are protected from the mooch, bit*ch, sister... Who probably has them sold already before her mother is even dead and gone~ from the sound of her its obvious what you should do..
Save them as parts of your family history for your children and get yourself a lawyer!
2006-12-26 09:49:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I have one of these in my family. You could get a lawyer and spend so much money, and still have to deal with her. You could try to get your husband's mother to walk around the house and decide what goes to who, write it down and have her sign it. It's not much but it could at least help.
2006-12-26 06:17:31 · answer #5 · answered by Laura 5 · 1⤊ 0⤋
You should certainly get some advice about what your options are, because there may be factors at play that you're unaware of.
Just make it very clear to the lawyer that you're asking for advice about your situation at the moment and that you're not asking them to act for you ... they have a way of doing 'mission creep' that would put the Pentagon to shame.
2006-12-26 06:18:17 · answer #6 · answered by mrsgavanrossem 5 · 0⤊ 0⤋
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2006-12-26 06:19:20 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Well, if he really values peace, he'll just let her take it all. That's what my mother in law did when her parents passed. The brother is an old jerk so she just let him have it rather than fight.
But I would get a lawyer!
2006-12-26 06:23:36 · answer #8 · answered by Kacky 7 · 0⤊ 0⤋
It's ALWAYS a good idea to consult a lawyer.
2006-12-26 06:16:27 · answer #9 · answered by Smoothie 5 · 0⤊ 0⤋
Definetly get a lawyer!!!
2006-12-26 06:16:58 · answer #10 · answered by Haven17 5 · 0⤊ 0⤋