Legal Question in Wills and Trusts in Illinois
My brother-in-law is in charge of the trust for the family's estate. This is supposed to cover care for his mother and sister and the family home. This week we learned that he has trusted the wrong person who has taken 2/3 of the money out of the account in under a year. There is a local and federal investigation that supports this and they are waiting for arrest warrants to come through for my brother-in-law and his friend. Should my husband and I have a lawyer or try to get one for his sister (she is handicapped) or mother (she has dementia)? Or do we just let this play out in court as it has already gone so far without us knowing about it? My brother-in-law is innocent-he didn't know what was happening, but now he is in denial about his friend and is working with her lawyer to protect her and won't talk to anyone besides his friend and "their" lawyer.
2 Answers from Attorneys
You should consult with an attorney about how to protect the interests of the sister and mother. One or both may need to have a guardian appointed to protect their rights. You also need advice on whether your brother-in-laws attoneys fees should be paid from the trust. For criminal activity they should not be.
You should, at minimum, consult with an attorney. In addition to the issues with the trust, consideration should be given to a guardianship for your husband's mother and, depending on the nature of the handicap, for his sister. You do not indicate how much is involved and should not get into it on a site like this, but I assume that its importance is high regardless the amount. Even if a prosecution occurs and restitution is ordered, it is unlikely that the funds will be easily recoverable.
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