I am the Trustee for my Father's Living Trust
in Illinois, which has a “No Contest
Clause” and an appointed Special Co-Trustee provision for handling all dispute resolutions and said resolution is binding.Older brother had several purchase options for property and excavation equipment, etc. to be exercised within 9 months from decedent’s death on 7/19/2016.A motion was presented to the court by older brother’s attorney being the plaintiff, for restraining order/injunction to be granted additional time to maintain the status quo; 1) because plaintiff needed more time to consider his options (incorrectly stating) because he had not been provided the accounting and inventory 2) alleging that I intentionally delayed providing the accounting and inventory by falsely stating they had requested within a conference call on 8/25/16 trying to establish a fiduciary breach of my duty to remove me as Trustee. 3) They also claimed there wasn’t time to engage the named Special Co-Trustee before the deadline expired, that the Special Co-Trustee did not have authority to extend the time period, and that they were not competent. 4) They also requested a certified accounting be submitted to the Court, which was not ruled upon or mentioned again.FYI: The hearing was on 4/6/17. It was noted in court that the plaintiff had been supplied the accounting and inventory about sixty days prior, wherein the plaintiff attorney corrected himself. The judge granted the motion for the additional time to only maintain the status quo specifically so that we could engage the Special Co-Trustee to hear any matters while acknowledging his jurisdiction per the Trust and would not comment on any fault.My question encompasses the fabricated untrue statements made within the motion by the plaintiff attorney in his attempt to try to establish that I had delayed this request for the accounting and inventory by falsely stating this request was made within the conference call. I believe the attorney’s statements were lies based on the following:There was an agenda for said Conference Call that does not corroborated the subject or the requests being mentioned as they are not listed or even alluded to within the agenda, which was established by the plaintiff attorney and the Trust attorney at the time.
The plaintiff attorney had provided a typed Summary of the Conference Call. This summary does not corroborate or document any such requests being made and/or even the subject matter. This summary and agenda were intentionally omitted and not presented to the court.
The Trust attorney at the time and me both state that these requests were not stated within this call.
Additionally, the creditability for such a request for an accounting to be made at this time is quite questionable considering its unreasonableness, being the conference call was on 8/25/16 and I did not gain access to the accounts until 8/10/16.There was an additional statement within the motion on the subject of an appraiser being hired to appraise the real estate
property, which was briefly discussed within the call and documented within the summary of the call, but not as represented within the motion:
In the motion, the plaintiff attorney states that after the Trust attorney mentioned the appraiser being considered, we then all agreed to use this appraiser and there wasn’t a need to contact any others. This is a misrepresentation, as this did not take place, there was not any agreement stated nor was their approval required.
The plaintiff attorney’s summary of the call, stated that the Trust attorney only mentioned that he had reached out to this named appraiser and comments from the plaintiff and plaintiff attorney were that they did not object to using this appraiser.My question is do the false representations and statements made by the plaintiff and the plaintiff’s attorney constitute lies?. Could the intentional misrepresentation be considered a fraud upon the court with the intentional statements misleading the court and not submitting the summary? Is this be a matter for the ARDC? I can supply scanned copies any documents needed.Thank you,