Changing the managing trustee

[Lowell Wolf]

Jurisdiction

Illinois

FL. and IL.

My father set up a trust fund to assist me with things like housing and other matters. He passed away in 2008. There are three trustees, my older brother, older sister (managing trustee) and younger sister. I'm the only beneficiary.

I'm a 70-year-old man with hearing and vision losses and breathing difficulties from COPD. I live in an Assisted Living Facility in FL.

The trust fund requires a house be provided for me to live in, the managing trustee has not done this. Nor has she ept me informed about trust assets as IL law requires. There is reason to believe she and my younger sister are using the trust assets for themselves and their families.

The trust is out of IL and the managing trustee lives there.

How do petition a judge to change the managing trusteeship from my older sister to my older brother?

 

[army judge]

How do petition a judge to change the managing trusteeship from my older sister to my older brother?

You are probably unequipped to litigate the matter that vexes you, mate.

However, it might be in your best interests if you hired an attorney to litigate on your behalf. You could investigate hiring a Florida or Illinois based attorney. An Illinois based attorney might be less costly, as there'd be minimal travel expenses.

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[adjusterjack]

The trust fund requires a house be provided for me to live in

Has it occurred to you that your assisted living facility may qualify as a residence provided by the trust?

I'm a 70-year-old man with hearing and vision losses and breathing difficulties from COPD.

None of my business but might it be unwise for a person with those conditions to be living alone?

 

[Lowell Wolf]

You are probably unequipped to litigate the matter that vexes you, mate.

However, it might be in your best interests if you hired an attorney to litigate on your behalf. You could investigate hiring a Florida or Illinois based attorney. An Illinois based attorney might be less costly, as there'd be minimal travel expenses.

Unequipped? How so? I can't travel to IL. I would need to find an attorney in FL who is certified to practice in IL as well.

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Has it occurred to you that your assisted living facility may qualify as a residence provided by the trust?



None of my business but might it be unwise for a person with those conditions to be living alone?

Well, on the one hand l live pretty much without assistance in this assisted living facility, and on the other hand my older sister herself also has COPD and she lives alone in a house. She sold the house my father left me to live in to my younger sister, who then resold it for a large profit, leaving me no house. My younger sister put me on Medicaid and this ALF is not paid for by the trust. I can definitely live on my own.

 

[adjusterjack]

Then it's time to consult an attorney to find out who did what.

 

[Lowell Wolf]

Then it's time to consult an attorney to find out who did what.

Yeah. Getting a lawyer is the main problem. The trust allows me an advocate to look out for my interests.

 

[zddoodah]

My father set up a trust fund to assist me with things like housing and other matters. He passed away in 2008. There are three trustees, my older brother, older sister (managing trustee) and younger sister. I'm the only beneficiary.

I'm just going to say this as a general comment: Maybe there are factors that justified it, but this is, on its face, a ridiculous way to set up a trust.

The trust fund requires a house be provided for me to live in

Even though you're living in an assisted-living facility?

How do petition a judge to change the managing trusteeship from my older sister to my older brother?

Are you looking for some sort of step-by-step "how to" guide? You'll need to retain the services of an attorney.

I can't travel to IL. I would need to find an attorney in FL who is certified to practice in IL as well.

You're unlikely to find an attorney in FL who happens to be licensed to practice in IL. You would be better off looking for a FL trust attorney who works at a firm that also has an office in IL.