Legal Question in Wills and Trusts in Illinois
Trusts and wills
My great-uncle, a Canadian, was married but childless and lived in Chicago. Before he died he told his niece (my mother) that he had made sure his nieces and nephews in Canada would be 'taken care of' after his death. He died in 1997 survived by his wife. The husband of one of his nieces,my mother's cousin, was the Canadian executor of his estate. We were told but given no proof. No one saw the will but this executor told everyone that they were all names as equal beneficiares along with my great-uncle's wife's niece who lived in Chicago. This niece's husband was named executor in the U.S.
The Canadian executor told all the Canadian relatives that the assets were in trust and they would all inherit their share of the assets when my great aunt passed away which she did in 2005.
We have seen her 'Declaration of Trust' written following my great-uncle,s death where she names all the nieces and nephews. There is an amended 'Declaration of Trust' dated 2003 where she names only her niece who resides in Chicago (and who is married to the executor of her estate) and the family of the Canadian executor.The other nieces and nephews receive nothing. We have asked to see my g-u's will but they won't give. Diff between will/trust?
1 Answer from Attorneys
Re: Trusts and wills
A Will contains a trust or trusts. The Executor receives all property in trust for payment of debts and expenses and then for distribution. Before you proceed further on this, you must have a copy of the will. Find out if the will was probated, and if it was, where. Then write to the Clerk of the Court in the Jurisdiction where the will was probated and request a copy of the the grant of probat which should have the will attached to it. You will have to pay a small fee for the copy. If the executor won't tell you the jurisdiction of probate or if you don't know contact the Attorney Generals office of the Province where the property was and ask them to do a search for the Judicial district of probate. When you get a copy of the will you can call me if you like. No one could give you a proper opinion on this without seeing the will. Also ask for and obtain a copy of the Application for Probate. It should tell you the value of the property and the amount the executor is accountable for.
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