P
Parimasn
Guest
My father (70), stepmother (56) and my dependent youngest brother (46), lived together in rural southern Illinois for the past 20 years. I live in Florida. My father contracted Alzheimer’s disease in mid ‘01 and in March of '02; our Stepmother had Dad placed in a Nursing home. I stayed in touch by phone with my stepmother throughout that process and was satisfied that Dad was in a clean, well-managed facility.
In mid '03, my brother informed me that our stepmother had been "dating" and in late '03 she left the estate and moved in with her new love interest. I "discussed" this move with my stepmother and she said she needed to "go on with her life" but that my brother would be able to live at the residence for as long as he wanted.
My brother was very intelligent and a prolific writer but had physical and undiagnosed psychological problems (panic attacks, etc) that prevented him from working and even functioning in society. He was the "caretaker" of Dad's estate, fixing things around the property. He had no criminal record. He was harmless and he was fine in his little world that was Dad's residence. He had no income and was dependent upon Dad for his well being.
In January of '04, Carla told me she was getting tired of paying the gas, phone, and electric bills for my brother. She said he should get a job and pay the bills. I called my brother to make him aware of her concern (he was surprised at my news) and I suggested SS disability as a possible source of income. He said he'd look into that. I called him in the weeks after this talk to follow up on his progress but only left messages. He never returned my calls. He was too proud or ashamed to ask for help.
On March 9,'04, my birth mother called saying the police were at her door saying my brother had committed suicide. I flew to Ill. and handled my brother's affairs with the help of my mother, brother and sister. My brother had left a 14-page hand written suicide letter addressed to me outlining the last 3 months of his life.
While in Illinois, I went to the circuit clerk's office and received all the court records involving my father. I found that our stepmother was appointed temporary guardianship of my father on 8/30/02. That same day, 8/30/02, she walked into the county clerk's office with her newly acquired POA and signed a quitclaim deed removing Dad from joint tenancy. A few days or weeks later, she went to the local bank and secured a $20,000 mortgage on that property and handed that money to her daughter. All of this unknown to my family or me. There is jurisdictional defect surrounding this guardianship appointment, but that’s another matter.
My brother's suicide letter outlines the fact that the stepmother withheld all financial support to him since January of 04. He was afraid she would quit paying the gas bill and he would freeze. He found some quarters at the residence that my father and stepmother had collected over the years. He took them and changed them into paper money ($500) and kept that money in case he had to pay a gas or electric bill. (BTW, That money was with the suicide letter with instructions to return it to the stepmother, which I did). She found out about the quarters and called him saying he was to get "out of her house". She didn't care where he went, just "get out". She called a neighbor the next morning asking her to go tell my brother to "get out of her house"(she did not do that, BTW). My brother felt backed into a corner with no escape and shot himself. I'm currently in a court battle with the stepmother to have her removed as guardian and divorced from my father.
I'm exploring a wrongful death civil lawsuit based at least in part on this guardianship requirement as stated in Illinois Probate law: (755 ILCS 5/11a‑18) (from Ch. 110 1/2, par. 11a‑18) Sec. 11a‑18. It reads as follows:
Duties of the estate guardian. (a) To the extent specified in the order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward, his minor and adult dependent children, and persons related by blood or marriage who are dependent upon or entitled to support from him.
I’m finding that it’s difficult to prevail in wrongful death suits where suicide is involved. I understand and accept the legal concept of “comparative negligence”. I feel that my brother’s suicide letter shows a “continuous causal connection”. My stepmother had knowledge of his prior suicidal tendencies. I feel that were it not for our stepmother’s conduct, a jury would agree, by a preponderance of the evidence, that my brother’s death would not have occurred.
My stepmother needed my brother to leave the residence. She used her status as guardian and her prior knowledge of my brother’s condition to make that happen. Three weeks after his death she sold the property and personal effects at public auction. Those funds are currently being held in trust pending the divorce settlement.
One attorney has turned me down saying the reward would not be worth the financial effort. I’m currently waiting for a second opinion. My problem seems to be that my brother was a dependent and there’s no real money. No McDonald’s vs hot coffee millions. Our cause has financial loss but also includes a cause Illinois recognizes called “loss of society”.
I’m looking for legal help. My family is learning that justice is very expensive. Anyone hear of a similar situation? Are there any Illinois or federal agencies available? I’m open to suggestions.
In mid '03, my brother informed me that our stepmother had been "dating" and in late '03 she left the estate and moved in with her new love interest. I "discussed" this move with my stepmother and she said she needed to "go on with her life" but that my brother would be able to live at the residence for as long as he wanted.
My brother was very intelligent and a prolific writer but had physical and undiagnosed psychological problems (panic attacks, etc) that prevented him from working and even functioning in society. He was the "caretaker" of Dad's estate, fixing things around the property. He had no criminal record. He was harmless and he was fine in his little world that was Dad's residence. He had no income and was dependent upon Dad for his well being.
In January of '04, Carla told me she was getting tired of paying the gas, phone, and electric bills for my brother. She said he should get a job and pay the bills. I called my brother to make him aware of her concern (he was surprised at my news) and I suggested SS disability as a possible source of income. He said he'd look into that. I called him in the weeks after this talk to follow up on his progress but only left messages. He never returned my calls. He was too proud or ashamed to ask for help.
On March 9,'04, my birth mother called saying the police were at her door saying my brother had committed suicide. I flew to Ill. and handled my brother's affairs with the help of my mother, brother and sister. My brother had left a 14-page hand written suicide letter addressed to me outlining the last 3 months of his life.
While in Illinois, I went to the circuit clerk's office and received all the court records involving my father. I found that our stepmother was appointed temporary guardianship of my father on 8/30/02. That same day, 8/30/02, she walked into the county clerk's office with her newly acquired POA and signed a quitclaim deed removing Dad from joint tenancy. A few days or weeks later, she went to the local bank and secured a $20,000 mortgage on that property and handed that money to her daughter. All of this unknown to my family or me. There is jurisdictional defect surrounding this guardianship appointment, but that’s another matter.
My brother's suicide letter outlines the fact that the stepmother withheld all financial support to him since January of 04. He was afraid she would quit paying the gas bill and he would freeze. He found some quarters at the residence that my father and stepmother had collected over the years. He took them and changed them into paper money ($500) and kept that money in case he had to pay a gas or electric bill. (BTW, That money was with the suicide letter with instructions to return it to the stepmother, which I did). She found out about the quarters and called him saying he was to get "out of her house". She didn't care where he went, just "get out". She called a neighbor the next morning asking her to go tell my brother to "get out of her house"(she did not do that, BTW). My brother felt backed into a corner with no escape and shot himself. I'm currently in a court battle with the stepmother to have her removed as guardian and divorced from my father.
I'm exploring a wrongful death civil lawsuit based at least in part on this guardianship requirement as stated in Illinois Probate law: (755 ILCS 5/11a‑18) (from Ch. 110 1/2, par. 11a‑18) Sec. 11a‑18. It reads as follows:
Duties of the estate guardian. (a) To the extent specified in the order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principal of the estate so far as necessary for the comfort and suitable support and education of the ward, his minor and adult dependent children, and persons related by blood or marriage who are dependent upon or entitled to support from him.
I’m finding that it’s difficult to prevail in wrongful death suits where suicide is involved. I understand and accept the legal concept of “comparative negligence”. I feel that my brother’s suicide letter shows a “continuous causal connection”. My stepmother had knowledge of his prior suicidal tendencies. I feel that were it not for our stepmother’s conduct, a jury would agree, by a preponderance of the evidence, that my brother’s death would not have occurred.
My stepmother needed my brother to leave the residence. She used her status as guardian and her prior knowledge of my brother’s condition to make that happen. Three weeks after his death she sold the property and personal effects at public auction. Those funds are currently being held in trust pending the divorce settlement.
One attorney has turned me down saying the reward would not be worth the financial effort. I’m currently waiting for a second opinion. My problem seems to be that my brother was a dependent and there’s no real money. No McDonald’s vs hot coffee millions. Our cause has financial loss but also includes a cause Illinois recognizes called “loss of society”.
I’m looking for legal help. My family is learning that justice is very expensive. Anyone hear of a similar situation? Are there any Illinois or federal agencies available? I’m open to suggestions.