Legal Question in Wills and Trusts in Illinois

Some beneficiaries of our deceased mother's trust are concerned that our brother, who is trustee, might be selling her home to his own son at a below-market price. He set the price in the absence of an appraisal and refused to allow competitive bidding. He later got an appraisal that appeared to justify the price, but we think the house would sell for much more. A contract has been drawn up, but the sale hasn't closed yet. Can we prevent the sale? What is our best legal course of action? We are in Illinois.


Asked on 4/27/14, 6:15 am

1 Answer from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

If you like, you can hire an attorney. An attorney might be more successful at gathering the right information from your brother or his attorney. Also, you can direct your attorney to file an action to attempt to prevent the sale by Court Order if you were unsatisfied with whatever information that your attorney gathers. While you can try to do both of these items yourself, I imagine that if you had all of the information that you needed, you wouldn't have posted this question. Also, it would probably be difficult for you to navigate the Court system and compose an appropriate Petition that might be effective unless you have an attorney's assistance. There may also be other options that an attorney may explain to you, once you have told him/her more about this matter.

However, prior to hiring that attorney, you should strongly consider what your "best case scenario" is -- and whether it is worth it to pursue. Do you believe that a $300,000 home is being sold for $100,000? That's a big deal, almost regardless of your share. However, if you believe that a $300,000 home is being sold for $280,000, and if you have 4 siblings who equally are also entitled to your mother's assets, then it may be cost-prohibitive to mess with the sale.

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Answered on 4/29/14, 6:37 pm


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