Legal Question in Wills and Trusts in Illinois
I had a revocable living trust done by an attorney five years ago which was properly funded. I recently discovered that at the time my trust was drafted their law license had been suspended. Unfortuneately, they have disappeared. Is my trust still valid? If so, how so, and if not, what shall I do?
2 Answers from Attorneys
The status of the law license of your attorney who drafted the revocable trust, will, or other documents has no effect on the validity of those documents. When you state "they have disappeared," I assume you are referring to the attorney rather than the documents.
I'm assuming all of this is in the state of Illinois. The status of the law license of the drafter actually can effect the validity of the trust under Illinois law. Illinois has a consumer fraud law that specifically prohibits non-attorneys from from preparing living trusts. There are a couple of recent court cases that invalidated documents drafted by non-attorneys under this law. The facts in those cases were a bit different, but at a minimum it could open it up to challenge. Especially if you anticipate that someone might have a reason to challenge the trust, you should consider having a new trust prepared or restating the trust.