Legal Question in Real Estate Law in Illinois
I own a condo in Illinois that is being foreclosed on. The condo is in my trust, so how do I rewrite the trust once the condo is gone?
2 Answers from Attorneys
What kind of trust? If it's a land trust and it's the only property, you can cancel the trust agreement. If there are multiple properties, you can have it deleted by talking to the trustee. If it's a living trust, you can amend the trust agreement reflecting the involuntary conveyance and the loss of the trust asset. If you are the trustee, you have a fiduciary obligation to preserve the assets, however, so you may need to talk to an attorney about the extent of your responsibility depending on other trust assets, if any.
Stephen provided you with a great roadmap. I suggest that you hire counsel as soon as possible if this is anything other than a land trust for one property.