Legal Question in Wills and Trusts in Illinois
Mothers trust
My stepmother had a trust that was made up of several properties and my father had his own trust made up of several other properties.
My stepmothers trust was supposed to pay for the childrens and grandchildrens educations.
After her death my father moved the trust to another county and had the properties of both trusts moved around ''to even them out''
The reason for moving the trust to another county was because he couldn't get the bank that held the trust to move these properties between the trusts.
It has come to light that the properties now in my stepmothers trust will not cover the cost of the grandchildrens education.
My question is whether or not he had the right to change the structure of my stepmothers trust after she died. If he didn't have the right to do what he did what can I do to have her trust reinstated the way it was.
2 Answers from Attorneys
Re: Mothers trust
In order to help you I would need to review a copy of the trusts and get other info. If you would like help call me monday in a.m -I like challenges and this is one-I hope this works out for you.
Re: Mothers trust
There are many kinds of trusts that could hold property and you do not state what kind of trust(s) this is. However, after the grantor (the person initially putting the property into trust) has died, it usually is not possible to "even things out" with the trust of the surviving spouse.
In order to find the answer to your question, you will need to have an attorney review the two trusts to see whether such transfers were allowed after your stepmother's death.
If they were not, then you might have an action against the trustee.
Good luck to you.
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