Legal Question in Wills and Trusts in Illinois
My mother revoked her Revokable Self Declaration of Trust in her Will.
My attorney says he has never seen this before, as usually a trust is for the "living" not the dead.
I am not the executor and do not have the original trust document.
Can I ask the executor for a copy of the trust? I am a benificiary.
What particular language should I look for in the Trust document? Any hints?
The estate is v. small and I need to keep costs down. Thank you
2 Answers from Attorneys
It is unusual for a person to use a Will to revoke a Trust. I've never seen that either. Normally, such a revocation is drafted in a separate document. You mother's estate planning documents may have been poorly drafted.
You can ask the executor for a copy of the Trust, however he may resist giving it to you.
Beyond that, since you're being advised by an attorney, I recommend that you get your advice from him/her.
In my opinion the revocation provision in the will is a nullity. The grantor of a living trust retains the power to revoke. But a will does not become effective until death which is the same point the trust becomes irrevocable. A dead person cannot revoke the trust.
Whatever assets were funded in the trust should follow the terms of the trust.
This is not legal advice, just my opinion given the facts presented.
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