Legal Question in Wills and Trusts in Illinois

What is considered a reasonable time to have a trust liquidated? My brother is trustee for our deceased mother�s living trust. She passed away in Dec. 2007 in Ill. July 2008 he distributed 20,000 dollars to each of us. In March 2008 I wanted everything liquidated so we could get closure. We are both retired. I arranged for the house to be emptied in March 2008 but he never signed the contract. He felt they wanted too big of a percentage. There are also 5 lots to be sold in Ill. and 3 lots out of state. He has not even tried to put anything up for sale. He wants to have a min. of 100,000 dollars in liquid assets before he hands out any money to both of us. I have a family that could use the money right now but this is not a necessity for him. What can I do? Everyone says get an attorney but I do not have the money to pay an attorney and am uncertain he can get him removed as executor. I live abroad and he lives in Kansas. What can an attorney do and can his fees be taken out of the trust?


Asked on 2/16/11, 1:04 pm

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Three years is more than enough. If you hire an attorney, that attorney can file a Court action regarding this and demand (1) immediate accounting and immediate distribution or (2) removal of the Trustee. When an attorney threatens a Trustee with these types of Court proceedings, Trustees often take more reasonable positions -- and the threatened Court proceedings are sometimes unnecessary.

Most attorneys will require a small retainer, but once your lawyer has confirmed your interest in the Trust -- he/she will often refrain from asking for payment until you receive a sizable distribution from the Trust. I've always operated that way. Feel free to call me for a free consultation. I'd be happy to lend a hand.

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Answered on 2/16/11, 3:53 pm


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