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    4bluebird1's Avatar
    4bluebird1 Posts: 8, Reputation: 2
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    #1

    Apr 30, 2007, 11:01 AM
    Will vs. living trust
    My mother in law passed away in Aug. 2006, she left 3 surviving adult children. She died in Ill. But was a resident of Ohio. She had a will that contained nothing because she left everything in her living trust. According to the will her oldest daughter whom she was visiting when she passed was listed as her executor of the will and the trustee list all 3 children as co trustee's. The problem is that no one not the attorney's ( we have are own attorney her son) the 2 daughters are using the attorney whom executed the will only as their representative and the judge of the probate court for some reason will not clarify to anyone which of these documents take precedence in this matter. Can anyone help before this estate is bankrupt by the executor who is not and will not follow the probate court guidelines, and the children did all agree with the probate court for the appointment of a special successor trustee in this matter but he is also not doing his job as of yet and it has been almost 2 months since his appointment. He is not even responding to the attorney which we are paying handsomely out of our pocket.

    Items have disappeared from the Estates home valuable one and people are living on the property rent free and utilities free and they are not relatives but relatives are allowing this to happen and my husband cannot seem to get anyone to stop this behavior, this is a sizable estate that was to be divided between the 3 children. Please help
    Schollmeyer's Avatar
    Schollmeyer Posts: 14, Reputation: 2
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    #2

    Apr 30, 2007, 11:07 AM
    You must all come to agreement cause there is 3 trustees that must all agree for a decision to be made
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #3

    Apr 30, 2007, 11:09 AM
    You need to request a full accounting before the probate judge.
    4bluebird1's Avatar
    4bluebird1 Posts: 8, Reputation: 2
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    #4

    Apr 30, 2007, 11:17 AM
    The 3 kids gave up their co trusteeship to a successor trustee so they no longer have any decisions the successor trustee is being paid to handle the trust and follow the deceased's wish but is not doing so.
    4bluebird1's Avatar
    4bluebird1 Posts: 8, Reputation: 2
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    #5

    Apr 30, 2007, 11:18 AM
    We have requested this accounting but are not getting any response.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Apr 30, 2007, 11:30 AM
    Badger the probate court clerk

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