Legal Question in Wills and Trusts in Illinois
wills and trust
My father passed away and left his home in a trust. He has 8 children, and he put the house in all of our names. Two of my brothers were named executors over his estate. They want to sell the house, but the remainder of us do not want them to. Since they are the executors, they say that puts them in the position of having total control of the house and the little money my dad left for us. Can they sell the house without the 6 of us approving and signing off on it, even though it is in a trust which belongs to all 8 of us?
1 Answer from Attorneys
Re: wills and trust
Depends on what you mean by executor. An executor "executes" a will (ie distributes property etc.)
they have no cotrol over a trust, unless they arenamed "trustees" of the trust. A trustee adminisiters a trust (ie runs manages distributes).
If they are trustees, the trust document detemines what they are allowed to do. If it allows sale then are are allowed to sell. However, the beneficairies may have the right to remove the trustees.
You really need to look at the trust.
email me if you have any questions.
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