Legal Question in Wills and Trusts in Illinois

The land trust agreement should designate the person or persons who hold the power of direction. This is the ability to tell the trustee to convey the land or make changes to the trust agreement, including the handling of such issues as sharing of rent and expenses by the beneficiaries. Depending on the relevant provisions of the trust, sibling 3 may raise this issue with the trustee, since each beneficiary may be entitled to an equal share. However, without reading the trust provisions governing such rights and benefits, it is not possible to give absolute advice since Illinois land trusts are very flexible legal entities for holding of real property in Illinois.

Sibling 3 definitely needs to see a lawyer with a copy of the land trust in hand and get answers to these questions:

1. There is always someone who has power of direction.If unstated it is usually the beneficiaries by default. S3 needs to find this out.

2. If all 3 have the power of direction, does the agreement require a majority or unanimity?

3. All land trusts have an automatic termination date. If this is soon the problem may solve itself.