Legal Question in Wills and Trusts in Illinois

My moms grandmother left her a house (in a trust), but over the last few years my moms health had declined, and wasn't able to keep up with the house... The bank that holds the trust petitioned the courts about what to do with the house (the bank and trust are in Illinois, but the house and my mom are in North Carolina)... We were never able to make it to Illinois for the court dates, however a letter recently came stating what the judge decided on, and basically the house is to be repaired and then put up for sale... it also states that the cost of monthly housing expenses are to be paid by the trust on my moms behalf directly to someone/somewhere (other than my mom) for the remainder of her life, but that she must first petition the courts for that to happen. My questions are how do we go about petitioning the courts from out of state, and any idea how long of a process, and how costly that could be? Would we have to actually travel to Illinois to appear in court at any point? And also, the length of time it took for a decision to be reached initially was close to 9+ months, and during that time I have covered all expenses on my mothers behalf (she is disabled and have very little income)... Would it be reasonable to ask for some reimbursement for these costs, and if not how would I go about doing so?

Thank you so much for your time!


Asked on 5/16/15, 10:56 am

2 Answers from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

You need to hire an attorney in the county in which the court is located. That lawyer will go to court for you.

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Answered on 5/16/15, 12:59 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Your mother needs to hire a local attorney, who can file Petitions on your mother's behalf. That attorney's fees might be payable by the Trust. Usually, you can get a Court date within 30 days after you file a Petition. I cannot estimate the length of time and the cost based on these facts alone. It is very unlikely that your mother or you would ever be required to actually travel to Illinois if a local Illinois attorney is representing her. From your message, it seems likely that you could be reimbursed from the Trust for payments towards your mother's living expenses. A local Illinois attorney can help you explore that. Most Illinois attorneys provide free consultations. Good luck!

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Answered on 5/20/15, 3:31 pm


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