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Illinois - Wills & Inheritance Question: My father is 91 and

Illinois - Wills & Inheritance...
Illinois - Wills & Inheritance Question: My father is 91 and owns a home worth about $350,000. His wife, my mother, died 13 years ago. He also has some money in savings and investments. His estate is probably worth $500,000 total.
My older brother will be the executor of dad’s will when the time comes. He lives 2 blocks from dad and works out of his own house. His kids are out of the house.
Dad’s house needed some updating. Dad was recently in the hospital with a broken hip, my brother hired someone to update the kitchen floor, painted the living room & dining room, new drapes, pulled up old carpet, relocated washer & dryer to main floor, had a chair lift going up to the second floor. My older sister took charge of dad’s medical care dealing with the nurses and social services. Her children are out of the house and she does not work out of the home.
I was in a car accident 3 weeks before dad broke his hip. I had a concussion and whiplash. I work in a school for ED/BD kids, very stressful, very intense. I continued to work but would come home and be wiped out. I would call my dad but that’s all I could do. I have 2 children still at home (19 & 23) older but they still need some guidance. I was able to go with my son once to my dad’s house to help clean some spaces out but that was all. 3 weeks later my dad was coming home from the physical therapy facility I called dad’s house thinking he may have been sent home. My brother was there and started yelling that I was being cut out of dad’s will because he (brother) put time and money into dad’s house and sister took care of medical and emotional support of dad. Phone calls didn’t matter.
I have been trying to visit my dad or call him every day since he came home. I cook for my family and take dad a meal several times a week. I am still seeing a doctor for my injuries from the car accident.
My dad has always said that everything will be divided 3 ways, evenly. My brother is named the executor of the will, can my brother and sister cut me out or reduce what I would get? Can they get my dad to change his will at this time and get away with it? Can they say they did a lot of work and pay themselves out of the estate? I feel ghoulish letting my mind go to this place but my brother’s words are making me paranoid. What can I do to prevent or minimize what they plan to do once dad dies? Is there anything I can keep track of/record?
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Answered in 6 minutes by:
6/23/2013
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,561
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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can my brother and sister cut me out or reduce what I would get? Can they get my dad to change his will at this time and get away with it? Can they say they did a lot of work and pay themselves out of the estate?
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At this point, as long as father is legally competent, he can do whatever he wants to with his will. He can modify it up until he passes as long as he has not been deemed legally incompetent.
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But brother and sister can't do anything themselves to alter the will or cut you out of any inheritance. Only father can make changes to his will and unless brother and sister are poisoning him against you, that is probably pretty unlikely.
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As for work on his house, if there is no agreement for them to be reimbursed by your father, then they are legally donating their services. You can't imply a contract where there is none.
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So I would suggest staying in contact with father, even if it is difficult, so if brother and sister are saying negative things about you, you can counter it by spending time with father.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,561
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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Customer reply replied 4 years ago

Dad is starting to drift mentally. He doesn't remember things and repeats himself. In the past I had limited contact with brother & sister because they are toxic. I do believe they would exert undue influence on him and have him change his will. He's not incompetent, but he has become easily swayed.

Honestly..if he isn't mentally incompetent but is subject to them coercing him to make changes, then you would have to commit to devoting more time with him to counter any efforts they make to get him to cut you out of the will.
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If you aren't in front of him on a regular basis, then it will be easier for them to convince him that you don't care about him and he should cut you out.
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But if he isn't mentally incompetent, there is not anything you could do legally to prevent them from trying to exert their influence over him..
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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