Legal Question in Wills and Trusts in Illinois

I have inherited through a trust.

I have inherited a few hundred thousand dollars through a trust. I am

one of 5 heirs . I am the trustee of the trust as well.

I sent out the required notice to the heirs

telling them I am going to be distributing

their inheritance to them as required by law. Nobody

contested the trust ''except for one person ''. the

90 days the heirs had to protest is now up.

The protestor says he was promised 10 percent more

then he got.

Can I just pay him the 10 percent more he claims

he is owed out of my 30 percent and end his protest?

Since nobody else contested but him do

I need the permission of the other heirs ???

Must he take the money and end his contesting

of the trust or does he still have the right to litigate

and overturn the trust though he will then be

fully paid what he asked for.

Can you write up such an ageement for me ??


Asked on 9/10/07, 3:18 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: I have inherited through a trust.

It is possible to resolve a trust dispute by agreement such as one you are suggesting.

You are correct in assuming that such an agreement should be executed with legal formality so no one can come back later to challenge it.

Because you are the trustee and have an obligation to resolve this matter, either by settlement agreement or by defending the trust in court, your legal fees as the trustee would be paid by the trust prior to distribution to any party.

Let me know if I can assist you with a consultation.

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Answered on 9/10/07, 3:54 pm


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