Legal Question in Wills and Trusts in Illinois

Challenging A Trust
My father died. in 1987 and left all to his wife, my stepmother. (my natural mother died in 1974). My father married my stepmother in 1976. She has 2 natural children. She passed in April. From what I have been told, she has a trust which includes the house, and an IRA. The trust is approx 800,000, the IRA 700,000. My stepbrothers(her naturals) are to inherit all but cash payments to me and my 2 natural brothers. I and my younger brother will receive 50K, my older brother 100K. My stepbrothers inherit the rest of the estate. I do not feel this is right as my stepmother did not have substantial employment during their marriage or after my fathers passing. The trust is set up and managed by LaSalle bank. Additionally, my stepmother had alzheimer's disease. The trust was modified twice to my knowledge 3/15/2001 and 7/02. I do not know the extent of her disease at that time or if a power of attorney existed. My stepbrothers seem to be in full knowledge of the construction of the trust and share very little with us. LaSalle bank also informed us we only are entitled to know about our part of it. The question is, can this trust be challenged and do you feel we have a legit case to bring an attorney into this? Thank You.

Asked on 5/17/04, 9:09 pm

William Stern William Stern, P.C.

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Re: Challenging A Trust

You would have to show that she did not have the capacity to alter the trust, most likely. William S. Stern 248-353-9400

Answered on 5/17/04, 11:13 pm

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