Legal Question in Wills and Trusts in Illinois

This is an inter-family issue. 25 years ago my grandmother passed away and her will created a residuary trust for her children. One of the three children carried out actions which broke the family apart. Two of the aforementioned siblings and my grandfather vs. the one sibling is the current division. In attempting to help my grandfather complete his will, it has come to my attention that the residuary trust carries over on to a portion of his estate as well. In essense, about 20% of his land is held in this residuary trust created by the death of his wife/my grandmother. He has asked me to find out if the trust can be dissolved so the "bad" sibling will not have rights to any of his land upon his death. The specific situation is that he took out a promissory note against the trust that at the time (approximately 10 years ago) was in excess of the value of the trust. This note was made due to operating expenses for farm ground needing to be paid. However, the land in the trust has likely appreciated to now being more than the value of the promissory note. What can be done is this situation? Thank you for your responses!


Asked on 12/15/11, 7:15 am

2 Answers from Attorneys
Henry Repay Law Offices of Henry Repay

You have done an excellent job describing this, but I do not think you will be able to get a reliable answer without meeting with an attorney who can review the documents. You are not too far. If you are willing to travel to Belvidere with a set of all the documents impacting the situation, I will provide a free 45 minute initial consultation. Please call my assistant to set a time next week or after.

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Answered on 12/15/11, 7:48 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

No attorney could adequately respond to you without reviewing all relevant documents. However, based on these facts, one or more of you may be able to change how this story ends. I recommend that you discuss this matter with an attorney. Feel free to call me for a free consulation.

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Answered on 12/15/11, 7:49 am


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