Legal Question in Wills and Trusts in Illinois
last minute amendment
A man has 2 sons,and a nephew he has raised since childhood,whom he considers his 3rd son. He has a trust, which he has named the 3 equal beneficiaries after his death. He passes away, the sons tell the nephew he's entitled to a smaller percentage than 1/3.They even went as far as to alter a quit claim,with a false notorization,but never filed it.They brought the nephew to their lawyer,and said if he did not accept a payoff (10%ish)in exchange for his 1/3 percentage, they would file an amendment supposedly signed by the father, excluding him entirely. Fearing he would get nothing,he signed,but later revoked it after finding out the father would have had to file it before his death.We are now at a standstill.To fight this in probate would be very costly.Given the fact that this amendment came from nowhere,that they were willing to falsely file a quit claim months ago,how hard would it be to prove the amendment is at the very least,questionable? What would be our chances of getting the original trust,unchanged for 20yrs.to remain that way? If they had this amendment all along like they said,why would they try to make up a fake quit claim form?
2 Answers from Attorneys
Re: last minute amendment
I would recommend that you have an attorney review the original trust and the amendment. The date and signature on the amendment will be important.
I agree that a probate proceeding may be expensive, but depending on the value of the property that is at stake, it could certainly be well worth the time and expense.
Good luck to you. Please let me know if I can be of assistance to you.
Re: last minute amendment
There is no way anyone can give you good advice on this without looking at the documents and reviewing the whole situation in detail. From what you describe, it certainly sounds rather bizarre.