What to do about if an executor changed the terms of atrust to benefit themself?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about if an executor changed the terms of atrust to benefit themself?
My father passed away and left a trust fund for his 4 children. The oldest child is an attorney and the executor. During my father’s final days, there were some loose ends and the executor took care of them before my father passed. During this time, the executor changed the trust, it seems, to favor himself. My father had set up the trust , giving the other 3 children the ability to come together and replace the executor, should they see fit. The executor did away with this and made himself the sole decision maker. This can’t be proper, can it? What problems does this cause and how can it be reversed? Very upset and scared.
Asked on January 17, 2012 under Estate Planning, Illinois
Answers:
Sanford M. Martin / SANFORD M. MARTIN, P.A.
Answered 12 years ago | Contributor
As a beneficiary and interested person, you have
a right to object to and contest the changes made to
your father's estate in his final days. Many such
changes made to wills and trusts are contested on
the basis of "undue influence" and taking advantage of the deceased's confusion and
lack of mental clarity. Although these matters
pose difficult legal issues for families, you and
your siblings may benefit from discussing these
issues with an attorney experienced in estate
planning and probate law. Especially if your
father experienced dementia or mental issues
during this period which resulted in estate changes primarily benefitting one child which appears inconsistent with his previously expressed intentions in the trust, you may have a basis for contesting the changes or persuading the executor to consider the family and ethical
issues involved in distribution of the estate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.