Legal Question in Wills and Trusts in Illinois

Re: Malfeasence by Trust Administrator

In order to recover the funds due to you and the non-disabled siblings, you will have to file a lawsuit, either in probate court or chancery. Your situation is not uncommon, and the courts will grant relief and let you recover the moneys wrongfully diverted, if the facts and fact pattern are there and can be proved. It is a nasty, messy lawsuit because it involves siblings, and generally one "fiduciary" who has convinced themselves that they are right, and are entitled for some reason or other to all of the money, to the exclusion of the remaining family members. Having said that, in our experience, if you have the staying power and will to pursue the claim to a conclusion, you are likely to succeed in recovering some, if not most, of the diverted funds, if you act now, and act quickly and aggressively.

If your brother has done this with other family members, and they are still alive, the best and cheapest way to fix it is have them fix it by resigning beneficiary designations, etc.

YOu should meet with an attorney as soon as practical, because once the insured has died, the beneficiary will, if he has not already, file a claim for the proceeds. Once spent, it's harder to recover the funds.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.