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my brother in law took advantage of my mother in law, after her husband died. she gave all her assets to him.. and power of attorney she did this after her husband died and there was no will, my husband had no idea that they did this..even tho they say that the mother in law can do what ever she wants with her money, can my husband go after the assets even tho the mother wants to give my brother in law everything, this has really put alot of stress on my husband, we tried to get guardianship of her, but we lost.. is there anything else we might be able to do..

Submitted: 18 days and 2 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: Illinois

Posted by LawForAll 18 days and 2 hours ago.

Answer

Hello, I am happy to answer your question.

It sounds like you have gone through the proper efforts here already. Unless there is some way that you can prove that she was not in full mental capacity when she gave him her assets and power of attorney, then her decision will stand.

It is an unfortunate situation, but there isn't much you can do about it at this point.

I hope this helps.
Kimberly

18 days and 2 hours ago.

Reply

can we sue my brother in law for taking advantage of her assets

Posted by LawForAll 18 days and 2 hours ago.

Answer

No, you can't sue him if she did this on her own voluntarily. As long as he didn't use any undue pressure on her and she wasn't outside of her mental capacity you don't have a case against him.

Kimberly

18 days and 2 hours ago.

Reply

we feel that we were not represented correctly,are lawyer did not present a good case.. can we file again for guardianship even tho we did already, and we lost.
we still feel that she is not 100% in her right mind..

Posted by LawForAll 18 days and 2 hours ago.

Answer

Unless you have some sort of change in circumstances, you can't refile the same case by the same people asking the court for the same relief.

Someone else in the family could file though. You will still need some evidence that she is not mentally capable.

Kimberly

18 days and 2 hours ago.

Reply

One last question , thanks for all your help...
we can not file on behalf of my children stating that my mother in law, took my childrens inhertiance away, because their grandfather died and had no will...

Accepted Answer

No. Since the wife was alive, the assets go to her directly, so they have no claim at all to anything unless and until she dies. So they can't make a claim to potential future inheritance, she can do whatever she wants with it. That's why wills can be so important.

Take care,
Kimberly

Accepts:
Expert:	LawForAll
Pos. Feedback:	95.5 %
Answered:	11/5/2009

Lawyer

I am happy to help! I have extensive experience in various legal fields.

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State/Country relating to Question: Illinois

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Reply

can we sue my brother in law for taking advantage of her assets

Answer

No, you can't sue him if she did this on her own voluntarily. As long as he didn't use any undue pressure on her and she wasn't outside of her mental capacity you don't have a case against him.

Kimberly

Reply

we feel that we were not represented correctly,are lawyer did not present a good case.. can we file again for guardianship even tho we did already, and we lost.
we still feel that she is not 100% in her right mind..

Answer

Unless you have some sort of change in circumstances, you can't refile the same case by the same people asking the court for the same relief.

Someone else in the family could file though. You will still need some evidence that she is not mentally capable.

Kimberly

Reply

One last question , thanks for all your help...
we can not file on behalf of my children stating that my mother in law, took my childrens inhertiance away, because their grandfather died and had no will...

Accepted Answer

No. Since the wife was alive, the assets go to her directly, so they have no claim at all to anything unless and until she dies. So they can't make a claim to potential future inheritance, she can do whatever she wants with it. That's why wills can be so important.

Take care,
Kimberly

Law

Have your own Legal question?

Related Law Topics:

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Optional Information

State/Country relating to Question: Illinois

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Reply

can we sue my brother in law for taking advantage of her assets

Answer

No, you can't sue him if she did this on her own voluntarily. As long as he didn't use any undue pressure on her and she wasn't outside of her mental capacity you don't have a case against him.Kimberly

Reply

we feel that we were not represented correctly,are lawyer did not present a good case.. can we file again for guardianship even tho we did already, and we lost.we still feel that she is not 100% in her right mind..

Answer

Unless you have some sort of change in circumstances, you can't refile the same case by the same people asking the court for the same relief.Someone else in the family could file though. You will still need some evidence that she is not mentally capable.Kimberly

Reply

One last question , thanks for all your help...we can not file on behalf of my children stating that my mother in law, took my childrens inhertiance away, because their grandfather died and had no will...

Accepted Answer

No. Since the wife was alive, the assets go to her directly, so they have no claim at all to anything unless and until she dies. So they can't make a claim to potential future inheritance, she can do whatever she wants with it. That's why wills can be so important.Take care,Kimberly

Related Legal Questions

No, you can't sue him if she did this on her own voluntarily. As long as he didn't use any undue pressure on her and she wasn't outside of her mental capacity you don't have a case against him.

Kimberly

we feel that we were not represented correctly,are lawyer did not present a good case.. can we file again for guardianship even tho we did already, and we lost.
we still feel that she is not 100% in her right mind..

Unless you have some sort of change in circumstances, you can't refile the same case by the same people asking the court for the same relief.

Someone else in the family could file though. You will still need some evidence that she is not mentally capable.

Kimberly

One last question , thanks for all your help...
we can not file on behalf of my children stating that my mother in law, took my childrens inhertiance away, because their grandfather died and had no will...

No. Since the wife was alive, the assets go to her directly, so they have no claim at all to anything unless and until she dies. So they can't make a claim to potential future inheritance, she can do whatever she wants with it. That's why wills can be so important.

Take care,
Kimberly