Legal Question in Wills and Trusts in Illinois
My Father died in 1957. He left my Mother executor w/ all children named. The farm was not be sold, only if Mother died or remarried, money being distributed equally among his children. She broke the will and told the court she sold it in 1960. There is no record of a sale from when my Dad bought it in 1945 until !994 and my Dad's name was still on it in 94 as grantor. Now my Mother has all this money in an account in hers and a Grandson's name while she lives off the state. Is there anything illegal here and is there any way she owes the money to her children? Is there anything we can do?
1 Answer from Attorneys
Possibly. If she was the executor under a will that gave her a life estate in the farm (or sooner remarriage) and then it was to pass to you children, she breached her fiduciary obligations. So you need to get to an attorney who can review the will and any sale transactions; she may required to hold the money for you children under what's called a "constructive trust" until she passes or remarries..... The bigger problem may be, however, how long have you known, or should have known, of this activity. There may be a statute of limitations in play that could prevent you from proceeding against her. Again, take the situation to an attorney to review it.
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