A lawyer wrote will for 97 year old aunt. She died. Had 2 trustees-1 my husband (dec eased) and the lawyer. Went into probate. According to her wishes there were funds set up for 5 great nephews and pieces approx $150,000 each. One is a cd which should be available 2017 and the other a money market I think. Lawyer put in a court order that "no further withdrawals without a valid court or until the above named persons reach the ge of 25". Will says "I empower (my husband) to withdraw funds for any of the above named minors prior to reaching the age of 25 years for their health, education and general welfare as he sees fit.Four of the 5 have special needs. Even with a court date, lawyer and the probate judge agreeing the child should be given the money the bank has refused to release the money. Can we get the guardanship given to the adult children (40 years old and older) and then get a lawyer to get on with it. The original lawyer doesn't want anything to do with anything. However, he is the trustee. Can a probate lawyer help us get ride of this lawyer (divorce lawyer) .My children live in Great Britain and South Korea. They have NEVER gotten any statements and cannot even call the Fifth/Third bank as they won't talk to them or me. That bank says they can't wire money and they have no way to convert to other currencies, etc. This is the second year of the mess. WHO can I go to for help. I live in Arizona but all of this takes place in Cook County, Illinois. Lynda
State/Country relating to question: Illinois
This all started before my husband died last May 6th and I have been very busy. Besides I have no say in this mess. I talk with the aunt's lawyer but I think he is a devil and I have questions about his handling of the money such as a bank account for $100,000. of which he said he had paid the kids an additional $15,000 per child but my kids and I do not get any statements and the other nephew with the 3 kids sayd they didn't get any additional money.
I would recommend having the lawyer removed.
There are many good attorneys in Cook County that could help you remove the trustee and appoint anpther if that is your goal.
Perhaps I didn't understand you. The lawyer who wrote the will is the current trustee. The will has been filed and he is the surviving/acting t rustee. What we need is to get a lawyer who can get the guaradianship of the five trusts to the parents. They still will have to deal with the probate judge.
Can a probate lawyer help us get ride of this lawyer (divorce lawyer) .?
I live in Yuma Arizona and I need a good tough (WHAT KIND OF A LAWYER) to go to court and get the guardianian ship changed from the 80 year old plus divorce lawyer who lives in MICHIGAN REMOVED.
I am confused on why you don't want the Trustee removed if The original lawyer doesn't want anything to do with anything. However, he is the trustee.
As far as appointing guardians in Michigan that can be accomplished through the County court. Which county in Michigan?
I there only one person talking to me? This is getting very jumbled. The case is in Cook County Illinois. The lawyer lives in Michigan and is only in Chicago 2 and half days which makes things very difficult.
We want to get guardianship put in the parents names all which are over 40 years old and we want this lawyer to have NO say about anything. He is not cooperating with anyone anyways. He got his $20,000.
What kind of a lawyer do I need as I am paying.???
You are only talking to one person
So you need no lawyer in Michigan you only need an attorney in cook county for the guardianship?
http://www.cookcountyclerkofcourt.org/?section=DDPage&DDPage=4200 This is a link for the probate division.
http://gac.state.il.us/forms.html This is the advocacy links that aids the public with the appointment process in Illinois
The ARDC which regulates lawyers in the state of Illinois has a referral service you can use. You want an attorney that deals with guardian and conservatorship laws in cook county
Please let me know if this is not the information you need so I may provide you with additional information.
To be honest I expected more. I am doing all of this on my own for 5 little kids and this lawyer is a devil in my opinion. I am off to read the 26 pages of the Illinois Act and I will have to get my own trust lawyer to find someone for me in Chicago. Somehow I feel like I am dealing with people like doctors. You cover for one another and then there are the mavericks.
I am not sure why you would say this. I am an Ilinois and Arizona lawyer and would never cover for a lawyer that is unwilling to do the job
We are not able to refer you to a specific attorney but can get you to services that can.
I suggested that you remove the trustee lawyer at the onset as he appears to be doing nothing for you
You also asked about a guardian I supplied you with the information
Please tell me what I can do to serve you better on this question, without suggesting I am cover for bad attorneys
25 Years in General Practice and Estate Planning
i am going to opt outAttorney241112.8589231829
I have hired a young female lawyer who is looking into things for me. Thank you anyways. Lynda
Great I hope everything works out for you. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).