Legal Question in Wills and Trusts in Illinois

My mental capacity and my inheritance

I have an inheritance will that states "whenever the Trustee determines that amounts are insufficient adequately to provide the comfortable suppport of beneficiarys standard of living Trustee may change the amounts." Is a mental illness prohibiting working good reason to ask for more money?


Asked on 10/12/00, 2:10 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: My mental capacity and my inheritance

One would surely think so, although such determinations are probably within the sound discretion of the trustee.

Get a letter from the health care professional who knows of your situation explaining the problem and the fact that gainful employment is not possible or recommended at this time. Present your evidence to the trustee. If that doesn't work, consult a lawyer for further advice.

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Answered on 11/06/00, 1:08 am


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