Legal Question in Wills and Trusts in Illinois

My dad had a Revocable Trust done for him in 2002. He is 92 now and going though Alzheimer's so I took over his finance and care. Looking though his will I could use some explanation if you can help. He has a Revocable Trust and a Last Will and Testament.

First question is if he has a Trust why would he need a Will? The Trust has provisions made to how to distribute his possessions but the Will says different.

Under Special Power of Attorney for Transfers to Trust he appoints myself. Under Declaration of Trust 5.8 Trustee Succession it says I hereby designate myself as trustee under this instrument. I may resign as trustee at any time by written notice to his daughter in law wife of my son,and to my son myself. Upon my resignation, death or incapacity, my daughter in law shall be successor trustee.

If his daughter in law is Trustee how does that differ from my Special Power of Attorney that is designated to me.

Most important Why would he have a Trust set up and a Will and is not the will open to probate? and most important to understand that if the trust and will differ from what he wants witch one overrides the other ?

Thank your time it would be a great help to have clarity on these issues.


Asked on 2/11/16, 10:09 am

2 Answers from Attorneys
Henry Repay Law Offices of Henry Repay

This sounds like a situation in which you will not get much of an answer within the scope of a site like this. If you do, it will be of limited value, possible poor advice. Do your family a favor and arrange a consultation with an attorney who handles estate planning and probate. Generally, a will would be prepared in addition to the trust, but it would be a "pour-over will," meaning it dumps any non-trust property into the trust, to be governed by the distributions the trust provides. That does not sound like what you are describing.

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Answered on 2/11/16, 10:35 am
Virginia Prihoda Law Offices of Virginia Prihoda

I think you and your daughter in law, who appears to be the successor trustee, should consult with an attorney to obtain answers to these questions. Only a careful reading of the documents your father drafted will provide the answers you seek. If the attorney who drafted the documents is still available, that's one resource. It appears your daughter in law will have the responsibility for settling your father's affairs. I recommend a consultation with an attorney who works in the areas of estates and probate.

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Answered on 2/11/16, 10:47 am


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