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  1. #1

    Default Child Looting Elderly Parent's Estate

    My mother has dementia. My shifty half sister has taken my mother out of state and cut her off from all family members. We just recently found out (1) she has power of attorney and (2) has a Quick Claim Deed on my mother's house in Illinois. With the POA, which no one has seen, she has tranferred all my mother's funds to an undisclosed bank in the state they are living in (Texas) and she is now trying to sell off my mother's property. My mother formerly lived in Illinois and she is now in Texas. We are in the process of handling the situation but we need some advice. Do we get a Probate/Elder Lawyer in the state my mother is in now (Texas) or do we get Probate/Elder Lawyer in the state where all of my mother's assets are. Also, is there a difference between an Elder lawyer and a Probate lawyer? One more thing, can the Probate/Elder lawyer do a reversal of the Quick Claim Deed? We would appreciate any help we can get.


  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quick Claim Deed Agony

    As your mother is presently in Texas, you should get a lawyer in Texas to get guardianship and conservatorship proceedings underway to cut off the power of attorney. In all likelihood, the person appointed by the Texas court will have to seek authority to commence litigation in Illinois to recover your mother's assets for her estate.

    A probate lawyer is one who focuses on probate court matters, typically including the execution of wills, as well as guardianships and conservatorships. An "elder law" lawyer may do all of that, plus other actions such as Medicare and Medicaid planning, estate planning, and related services.

  3. #3

    Default Re: Child Looting Elderly Parent's Estate

    Thanks so much for your help and explaining the differences in probate/elder law atty.

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