Legal Question in Wills and Trusts in Illinois
My sister-in-law died in Feb of this year. My son and my niece are co-executors
co-trustees of her estate. My niece took my sister-in-laws name off the trust
as grantor and put her own name on to get the power over all her assets. She has lied
and told my son "ok I put her name back on so now sign these papers" but he wanted
documentation that she indeed had put my sister-in-law back on the trust as grantor
he never received documentation. That was last June. There is so much more to this
story of stealing and wanting control.
My son does not have any idea how much my sister-in-law had in assets
because my niece took all information out of my sister-in-laws safe before she died.
We have gone to three lawyers and they don't seem to be doing anything.
They don't want to go to court and let the court handle this situation.
What can we do to solve this problem? This is a large estate and many
beneficiaries. My niece (co-executor wants some of the beneficiaries out
of the trust and wants full control of the money. She set up an account in her fein number and put money in it. We have no way of knowing the total assets so she could be taking money out and hiding it. HELP please
2 Answers from Attorneys
First, if you have retained an attorney regarding these issues, the attorney should be
acting to resolve the issues. Resolution of probate issues require time, but your son
should be informed as to progress and status. A standard trust cannot be amended or
changed after the death of the grantor, your sister-in-law, even by a co-trustee, so any
changes, as described, are questionable. All beneficiaries are entitled to an accounting
of the estate administration. If legally advisable, proper filing in local probate court to demand such accounting and oversight of the estate administration is the required course; you do not describe any such action taken. You mention that you "have gone to three lawyers and they don't seem to be doing anything." Resolution will require the appropriate advice and representation of a lawyer.
If the co-trustee won't cooperate voluntarily when requested, then there may be no other choice than to go to court. You mentioned that you have gone to three lawyers. You didn't mention if any of them had been retained to represent someone. You (or your son) needs to hire one attorney and work with that attorney.
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