Legal Question in Wills and Trusts in Illinois
Successor trustee
We think my father's attorney has named himself or one of his family members the successor trustee of my fathers estate. My mother is a surviving spouse and she is having a diffiucult time getting any responses from their attorney. Can he make himself the successor trustee? Can we contest this and have my mother named as the successor trustee of my father's estate?
1 Answer from Attorneys
Re: Successor trustee
When you say trustee, is there a trust involved? Or is there only a will.
Assuming there is a trust, then there should be instructions on who to appoint as successor trustee in the trust documents. It is entirely possible that your father intended that his attorney be the successor trustee.
With that said, if the attorney is not responding to your mother (the beneficiary of the trust) then he is not doing his duty as trustee. You can get a Court order appointing someone else as trustee, or at least push this attorney to do his job.
Please feel free to contact us if we can be of any more assistance.
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