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Michael Bradley
Michael Bradley,
Category: Estate Law
Satisfied Customers: 316
Experience:  Owner at The Protection Group LLC
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About three years ago my sister came upon a trust that

Customer Question

Hi!About three years ago my sister came upon a trust that appeared to be made in my husband's name without his knowledge.About this time my sister- in- law, who is mentally ill and very greedy, put a house in my husbands name without his knowledge. We think this house is what was in the trust.I asked my brother and sister- in- law if they knew anything about this trust. They freaked out and cut off contact with us.I asked my brother and sister- in- law's lawyer, who was also our lawyer; if we could see what was in that trust. They said they couldn't let us see the contents because my sister- in- law was the trustee.In a few brother and sister- in- law came out of hiding and said I had made the whole thing up.St about this time they both were trying to get POA over my father, saying he was demented, which is clearly the farthest thing from the truth!Later we found my sister1 in- law had made my husband the trustee of 5 trusts without his knowledge. We had him resign from these trusts.But we still are not clear about the trust named after him and whether it ever existed. My sister, who is very smart and who had an MBA, thinks they dissolved this trust.Is there any way to find out if this trust ever existed mag why would someone name s trust after my husband?My sister- in- law is really disturbed, and she will do anything for power, control, and money.About this time she also was trying to get me to get my father to change the executer of his will from my sister to my brother.
Submitted: 13 days ago.
Category: Estate Law
Expert:  Michael Bradley replied 13 days ago.

Is your husband still alive?
I am assuming if he is alive, that his will is such that he is happy with its contents?

Expert:  Michael Bradley replied 13 days ago.

Unfortunately, in Illinois, a trust is not required to be filed with the recorder of wills. Therefore, it is almost impossible to find out when and if a trust has been opened or closed. As you know, a trust is normally set up to avoid federal inheritance tax complications. Instead of keeping properties in an individual's name, you put it into the name of the trust so that it becomes a "person" who in essence does not die. The property can be in the trust's name in perpetuity until such time as the trust is closed and the assets distributed.

In essence, anyone can open up a trust and put anyone's name on it. However, the name does not condo Tate ownership. The only owner of the trust would be those listed in the trust as beneficiaries. I could open a trust and put it in your name which really would not mean anything. It is almost the same as what to call a company or LLC.

Expert:  Michael Bradley replied 13 days ago.

It is very odd for someone to open up a multitude of trusts. From an attorney standpoint, it is a fairly complicated and detailed process that I certainly would not suggest a non-attorney try to complete. However, it looks like this person has one in the family.

Customer: replied 13 days ago.
Thank you so much!!My husband is alive, and we don't have a will.When we found out about the trust named after my husband my sister- in- law and brother totally FREAKED OUT! This of course, made us question what she was up to. The deed to the lhouse that we believe to be in the trust was actually put in my husband's name without his knowledge as well. The house belonged to my uncle who gave it to my brother before he died. But my sister- in- law made it look like she bought it it by writing a check to my uncle and then asking him to pay her back.. which he did because he was very ill and confused at this point.We wondered if somehow my sister- in/ law was trying to use this trust in my husband's name to sonehow take advantage of us because that is the way she works.I know this all sounds crazy, but my sister- in- law is Bipolar and gets manic and psychotic.
When she is like this she does all kinds of crazy
stuff.
Expert:  Michael Bradley replied 13 days ago.

please resend I am now available

Expert:  Michael Bradley replied 13 days ago.

If a trust was made, no matter the name of it, then real property would have been put into the name of the trust, not the individual. That is the reason to make a trust, so that it would last beyond anyone's life. If they put the house in your husband's name, then it could not be removed without his signature. The first part theoretically would not be legal, the second part would be forgery and would be illegal.
I do not think that setting up of this trust can hurt you or your husband.

Expert:  Michael Bradley replied 13 days ago.

It may sound somewhat crazy, but I understand. I have seen all sorts of stuff both honestly done and unfortunately dishonest. I sympathize with your concern.

Expert:  Michael Bradley replied 13 days ago.

I would certainly suggest that the both of you have wills done. They only take a short amount of time and are important.

Customer: replied 13 days ago.
Thanks so much!
My sister- in1 law forges signatures ALL the time!!! What I don't understand is why my brother and sister- in- law freaked out when we asked about the Ray Thompson trust? So did their lawyer! It's like this HUGE secret had been exposed. Th n a few weeks later .. after they had figured something out.. they acted all happy .. like the air had been cleared .. then they blamed me for everything.Since this my sister- in/ law has tried to punish me with her cruelty. A long story... I do not talk to her because if she would get me alone she would cuss me out and say everything hurtful thing she can think of.
Customer: replied 13 days ago.
Sorry for the typos.
Customer: replied 13 days ago.
I don't understand why she made my husband trustee of all these trusts without homing knowing. I think she is up to something.A couple years ago my aunt died and left my 2 siblings and I about 1/3 of her estate. My sister- in- law went ballistic and said my brother and her deserved more. Since then she has tried everything she can think of to get me to write her a check!And before my mom died she started making up rumors about me to make me look bad in my mom's eyes. My mom didn't fall for it. And my mom left everything to my dad anyway. She was pissed my mom didn't leave my brother anything.
Expert:  Michael Bradley replied 12 days ago.

I wish I had a better answer to explain her actions. I simply can not fathom why she would do this. If properly open and funded they would be in her control arguably but naming after your husband makes no sense. As I try to tell my clients when some one acting irrationally, acting rationally never works. But going along with the irrational is not an option either.

All I can suggest is to keep your distance and make any communications in writing so that there is a paper trail to protect yourself.

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