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Dead aunt's estate (Wills & Trusts)

Sat, 18 Jun 2005 14:59:00 GMT

What is the name of your state? ILL
"My aunt lived in Washington DC, but she became ill, I brought her to Chicago, and placed her in a nursing home. She had no family in Washington DC so I brought her here to be close to me and my mother. My mother is also in the same nursing home my aunt was in. My aunt died in feb. 2005. I new she was geting social surity and I call Washington DC to let them know that she had died. I learned that she had some type of insurance policy with the government of Washington, DC. They sent me a form to complete for my mother because she is her next of kin. My mother is still in the nursing home, she can't see or sign anything, I believe, sometimes she dose not understand what you are telling her. She is 94 years old. The form I received needs to be signed by my mother. I don't believe I can sign it for her because I don't have power of attorny or anything like that. She is in a nursing home and I'am afraid if she gets money from my aunts policy or home if it's sold, they would try to take away from her. I don't know how much the policy and the house is worth, but what ever it is, I would like to put the money in a pre--paid burial plan that i have set up for her and that is being paid on. I and my mother live in Chicago, ILL. What can or cannot do in this case?" In case my aunt's house is paid for, I have a heirship affidavit for my mother, is that ok?
What do I do to be able to sign for my mother and become her guardian or designated beneficiary? I have no brothers or sisters and my mother is my aunts next of kin.

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  • Sat, 18 Jun 2005 16:33:00 GMT(1)
  • Did your Aunt have a will? If not you really need to consult with an Attorney about gaining guardianship of your Mother so you can then legally look into this situation.
    Is your mother the only living relative or are there distant cousins or others who will also want part of the Aunt's estate?
    Many questions to give you a definitive here but gaining guardianship is your first step it would seem.
  • Sun, 19 Jun 2005 07:04:00 GMT(2)
  • Quote:

    I have a heirship affidavit for my mother, is that ok?

    No. To do anything for your mother, you must be her legal guardian and follow your state statutes regarding what you can and cannot do for her without court approval. To make medical decisions for your mother you must be her Health Care Surrogate/Proxy. Legal guardians do not automatically become the ward's health care surrogate/proxy. The guardian court order must state so.
    Where's the executor to your deceased aunt's estate in all this?
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