Legal Question in Wills and Trusts in Illinois

If a trust is set up with 4 co-trustees and 1 of the co trustees wants to change the lawyer of record do all 4 have to sign off and agree the person who made the trust just passed away there is no executor


Asked on 1/15/13, 12:27 pm

4 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

What does the trust say? Is unanimous consent required or majority vote?

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Answered on 1/15/13, 12:39 pm
Sanford M. Martin Sanford M. Martin, P.A.

No, unless provisions of the trust enable one co-trustee to make such decisions, which

would be highly unusual. Such decisions should be made by the Co-trustees, not one

co-trustee.

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Answered on 1/15/13, 12:40 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Just think of the problems involved if any one co-trustee could change the attorney anytime they wanted - every other week you could have a new attorney for the trust. All agree or majority rule is best way to go. Better yet, dissolve the Trust and divid the proceeds.

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Answered on 1/15/13, 12:42 pm
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

This just highlights the problem of having co-trustees, especially 4 trustees. Ideally, they would come to an agreement on representation. I suppose in theory they could have separate counsel, or if the dissenter is unhappy, then then that person should resign.

Bottom line is they really need to come to a consensus if they are going to work together as co-trustees.

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Answered on 1/15/13, 12:53 pm


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