Can executor prevent me from receiving items left to me?: Mothers Will states her 4 children inherited her possessions and that the home should be vacant or leased with no say so of the executor. I am being refused to have keys as my 3 siblings have, the executor refuses to come to let me in and the home is being occupied by my 2 Brothers who are not leasing the home.
Mazyar’s answer:
What you've described is an Executor refusing to carry out the wishes of the Testator (your Mother). The Executor of an Estate is under a duty to comply with the terms of the Will and deliver Estate assets, or the liquidated value of assets, to the Heirs. If you believe that the Executor is refusing to carry out his or her obligations, you may bring suit before the Court in which the Estate is being probated. You should begin with a demand letter. If the Executor refuses to comply or ignores you, then you will have to bring suit in the Court probating the Estate, and potentially request the removal/replacement of the Executor.
I hope this information was helpful. Best of luck.
Is there a way to the keep the LLC owner names from being public record? :
I understand that some states allow this information to be anonymous, but unfortunately that does not apply to this case. I also know you can use a commercial service or attorney as the registered agent, to protect your name and home address. I was wondering if there was a similar solution for the member name listing in the articles of organization.
The intention here is to avoid being spammed and protect against identity theft.
Mazyar’s answer:
As indicated in your other answers, most state laws concerning organization of business entities, especially Illinois, require that the identity and address of corporate directors (organizers) must be revealed and turned in to the Secretary of State in each year's Annual Report. This is a public-policy rule. Even if you try to get around this requirement by organizing in a State with mores privacy protection, such as Nevada or Wyoming, if you do business in IL then you must still file a Notice of Domestication which includes that information.
I hope this information was helpful. Best of luck.
Lost Irrevocable Trust Documents: I did an irrevocable trust in Illinois in 2010/2011 for my children. I had all my trust statements sent to my Mother who lived in Iowa. Mom passed in November 2018 but 2 of my children cleaned her home out before she had passed in the nursing home so they could sell the home. My brother who lives in Iowa and was there when they came to clean out Mom's house said they both took alot.I believe one of them took all the trust documents, especially my very greedy daughter. I cannot find the attorney who did this trust for my children. I am 70 years old and need to dissolve this trust and create a new trust. I am in poor health, cannot work etc... My attorney said he can send a letter to my 2 children for the Trust papers. My question is this: If he sends the letter to them both requesting the Trust Papers, if they both say they do not have the Trust; if I die shortly after and my daughter produces the trust to collect the money...Isn't this illegal? I was wanting the attorney to put a "clause" in this letter for them both to know how serious the consequences would be if they lie to the whereabouts of the trust. Is there a clause that can be added to the letter is my question?
Mazyar’s answer:
To modify an irrevocable trust, your options are
Modification by Beneficiary Consent;
Modification with Court Approval; or
Decanting assets from the Trust to one with more favorable terms
“Decanting” means creating a new trust with the desired terms and provisions, and moving the assets of the initial trust to the new trust. This method permits the trustee to modify the trust without Court involvement or beneficiary consent; but is only available if the beneficiaries' rights will be the same in both trusts.
Of these options, the one that could fit your situation would be asking a Court to take action. This is a whole process, so you should consult with a competent Attorney to discuss your options.
I hope this information was helpful. Best of luck.