Legal Question in Wills and Trusts in Illinois

Resignation of Trustee (Bank)

Our trustee resigned. They paid themselves a termination fee 4X their normal annual fee. They also paid out, on the last day, attorney retainers - 5X there annual fee. They told the benificiaries that they would return the retainers (but not the termination fee) only if we signed a global release to hold harmless. Is this leagal?


Asked on 11/10/08, 12:33 pm

1 Answer from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Resignation of Trustee (Bank)

No, an attorney cannot hold client's money hostage for any reason unless there is a dispute as to payment. You are not obligated to sign a global release.

It sounds like you should consider contacting the ARDC (Attorney Registration and Disciplinary Commission).

Please feel free to give us a call if you want to talk about your case.

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Answered on 11/10/08, 1:24 pm


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