Legal Question in Wills and Trusts in Illinois
I am the sole trustee of my deceased parents' trusts. My older brother was to serve with me as co-trustee...however he died prior to my parents. My parents did not change their trust to reflect this as they were not competent to do so. It is now 3 and 4 years since my parent's deaths My deceased brother's share is divided between his three children, all young adults. They have obtained a trust attorney to handle their end. The trusts have dragged on because they will not contact their own attorney to sign off on the trusts and receive their final payout. My belief is that my brother's wife led her children to believe that there is considerably more money and that I am hiding it and stole it from them. She is not entitled to any of the trust. I have documented all and have given copies of anything pertaining to any activity in the trusts, including IRS tax filings to their attorney. My attorney and I are now sending the final accounting (again) and final checks to their attorney for him to act as escrow agent. How can we force this issue to an end? I believe they do not want to sign off as an attempt to wait it our for more money to surface. Is there more I can do to end this? Is it possible they will try to sue me? I have been nothing than above board and again documented all in the trust and given all to their representative. Help!
1 Answer from Attorneys
It sounds like you have done a reasonable job as Trustee. Yes, they could try to sue you -- but then your fees for defending yourself would be payable by the Trust if you have committed no wrongdoing. This will weigh into their decision as to whether to sue you.
Their attorney might simply be taking his time going through everything. From what you've posted, your attorney seems to be guiding you adequately.
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