$5,000,000.00+ EXTRAORDINARY RESULT! BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS, WILL, GUARDIANSHIP, TRUST, GUARDIANSHIP LAW FIRM, OVER FORTY (40) YEARS OF EXPERIENCE HANDLING SERIOUS WILL, TRUST AND ESTATE ISSUES, INCLUDING RELATING TO TRUST COMPANIES MISINTERPRETING DOCUMENTS AND TAKING POSITIONS CONTRARY TO THE INTERESTS OF CLIENTS OR FAMILY MEMBERS. WE WERE HIRED BY FAMILY MEMBERS IN REGARD TO A TRUST THAT EXISTED FOR APPROXIMATELY THIRTY (30) YEARS. AFTER THE LAST TO DIE OF THE SETTLORS, WHO WERE HUSBAND AND WIFE, THE CORPORATE FIDUCIARY DID NOT WISH TO RELEASE FUNDS TO THE ADULT BENEFICIARIES. THE CORPORATE FIDUCIARY TOOK THE POSITION THAT THE SETTLOR, THE SURVIVING WIFE BEFORE SHE DIED, DID NOT PROPERLY EXECUTE A SPECIAL POWER OF APPOINTMENT BEFORE SHE PASSED AWAY. IF THE TRUST COMPANY WAS RIGHT, THEY WISHED TO CONTINUE TO ADMINISTER THE TRUST FOR THE REMAINING LIFETIMES OF THE SURVIVING CHILDREN OF THE PREDECEASED SETTLORS, WHICH WOULD HAVE MEANT IN EXCESS OF $5,000,000.00 WOULD HAVE REMAINED IN TRUST FOR AN ESTIMATED ANOTHER TWENTY (20) YEARS OR MORE, WITH THE CORPORATE FIDUCIARY CONTINUING TO RECEIVE FEES IN EXCESS OF $100,000.00 EACH YEAR, FOR APPROXIMATELY ANOTHER $2,000,000.00+ OVER THE COURSE OF ANOTHER TWENTY (20) YEARS OR MORE OF EXISTENCE OF THE TRUST. A RESOLUTION WAS REACHED WITH AN ESTATE ADMINISTRATION PROCEEDING IN ST. CLAIR COUNTY, ILLINOIS WHEREBY THE CORPORATE FIDUCIARY AGREED WITH THE POSITION AND/OR REQUESTS OF OUR CLIENTS AND AN ORDER WAS ENTERED IN FAVOR OF OUR CLIENTS WHICH ALLOW FOR THE ESTATE ADMINISTRATION TO PROCEED TO CONCLUSION WHICH ALLOWED FOR THE TRUST ADMINISTRATION TO PROCEED TO CONCLUSION WITH EACH OF THE CHILDREN TO RECEIVE IN EXCESS OF $1,400,000.00 EACH INCOME TAX FREE INCLUDING BECAUSE OF A STEP UP IN TAX BASIS AS OF THE DATE OF DEATH OF THE LAST TO DIE OF THE SETTLORS OF THE TRUST. AVAILABLE TO REPRESENT CLIENTS FROM WARREN COUNTY, MONMOUTH, ROSEVILLE AND KIRKWOOD, PEORIA COUNTY, PEORIA, PEORIA HEIGHTS AND CHILLICOTHE, WOODFORD COUNTY, EUREKA, EL PASO AND MINONK, ILLINOIS.
We began representing this client in regard to issues our client was having with a corporate fiduciary. We had researched replacing the out-of-town corporate fiduciary with a replacement corporate fiduciary because of complaints our client had over the years. However, the surviving settlor, the mother, passed away in the course of negotiating for a new corporate fiduciary. As a result, we proceeded with estate administration, and trust administration and obtained a favorable ruling in St. Clair County Circuit Court which allowed the trust to proceed with an in-kind distribution of an excess of $1,400,000.00 to each of four (4) siblings to close out administration of the trust.