Is it legal, ethical, or actionable for a trustee to withhold distributions that they previously promised to send for the beneficiary's health, education, maintenance, and support until the beneficiary sends all their family's receipts, bank, credit card, and student loan statements for... View More
If the trust gives the trustee discretion to make distributions to a beneficiary based on a particular standard, the trustee is permitted to ask for evidence from the beneficiary in order to evaluate whether a distribution should be made. This is not illegal, and is often a common feature of...View More
He was abandoned by his mom and left on the street of California as a small child. He then became ward of the state of California. He was living in a facility in California called Laurel behavioral health his whole life up until the age of 46. That’s when his mom and my dad got the bright idea to... View More
If you believe your brother is being abused, you should first call the police and file a police report. His parents have guardianship of him at the moment, but that can be ended by the court that oversees guardianship. If you wish to become his guardian to make decisions for him, you can petition...View More
By default, a financial POA is not permitted to change beneficiaries on financial accounts in Illinois. However, the POA document itself can add in language authorizing the POA to change beneficiaries on financial accounts. Drafting attorneys will typically limit this power to only naming the...View More
My grandparents trust from their home. Mom has Been in long term care for 2 years. In 2017, trust attorney said she could put her inheritance in a trust when time comes as mom is on Medicaid. She asked me who would administer, I specified my brother. Now we are being told they are cutting a... View More
The trust you appear to be referencing is not a MAPT, but rather a special needs trust. This can either be a first party special needs trust or a third party special needs trust depending on where the funds are coming from. If your grandparents established a third party special needs trust for your...View More
If your grandparents did not have a will, the default inheritance rules of the State of Illinois apply. Under the default inheritance rules, the first in line to inherit are the spouse and children of the decedent. Grandchildren would only inherit assets if their parent (the child of the decedent)...View More
As a recently appointed administrator of an estate, you are required to provide 1) a notice to heirs and legatees of rights in independent administration (if it is indeed independent administration) 2) claims notice published in the newspaper 3) notice to known creditors mailed directly to them....View More
What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... View More
Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if...View More
I am in foreclosure in illinois. My son was served and did not inform me of the subpoena until after the court date. I then found out the next court date and was present. The attorneys for the mortgage company pushed for judgement against me. I asked the court for more time and they granted me... View More
Since there is a legal proceeding in place for the foreclosure, the best advice that I can provide is for you to retain an attorney to represent you in the foreclosure matter. The attorney can raise affirmative defenses that you may have available in order to defend the lawsuit.
You may have a claim against the bank for failing to properly ID the person withdrawing the assets. I recommend speaking with a lawyer to discuss your options.
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