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  1. #1
    Join Date
    Jun 2019
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    2

    Lightbulb Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    My question involves estate proceedings in the state of: Illinois - When brought before the court in early 2013 the judge ruled against our motion. The lawyer was allowed to defend my brother individually when breach was determined even though it was his law firm who drew up my fathers trust. How can this happen? Isn't the law firm suppose to act on the trusts behalf and NOT the trust executor?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,426

    Default Re: Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    Quote Quoting mad as hell
    View Post
    My question involves estate proceedings in the state of: Illinois - When brought before the court in early 2013 the judge ruled against our motion. The lawyer was allowed to defend my brother individually when breach was determined even though it was his law firm who drew up my fathers trust. How can this happen? Isn't the law firm suppose to act on the trusts behalf and NOT the trust executor?
    Trusts don't have executors, they have trustees. What does your lawyer have to say about that?

  3. #3
    Join Date
    Jun 2019
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    2

    Angry Re: Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    Quote Quoting llworking
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    Trusts don't have executors, they have trustees. What does your lawyer have to say about that?
    From what I can remember once the judge ruled it was a mute point!

  4. #4
    Join Date
    Sep 2010
    Posts
    19,059

    Default Re: Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    Moot not mute. Your initial post is incomprehensible lacking proper subject and verbs.

    Your motion for what?
    What breach?
    Whose lawyer?
    Just because the law firm created the trust doesn't preclude them from subsequently representing the trustee (if that is what happened). Their duty is then to the trust. If as a trust beneficiary you have your own legal concerns, you need your own lawyer.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,963

    Default Re: Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    And are you saying this happened six years ago?

  6. #6
    Join Date
    Jul 2018
    Posts
    1,423

    Default Re: Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    Quote Quoting mad as hell
    View Post
    My question involves estate proceedings in the state of: Illinois - When brought before the court in early 2013 the judge ruled against our motion. The lawyer was allowed to defend my brother individually when breach was determined even though it was his law firm who drew up my fathers trust. How can this happen? Isn't the law firm suppose to act on the trusts behalf and NOT the trust executor?
    This is awfully confusing (even putting aside the fact that you're mixing trust and estate terminology). First, what does "our motion" mean? You and who else? What was the motion about? You say that some "lawyer was allowed to defend [your] brother," but you didn't say what the lawyer was defending your brother against. You said that the lawyer's firm drew up your father's trust, but so what? And why are you asking now, in 2019, why some court reached a decision six years ago?

    If you provide a lot more detail, we can try and offer you an explanation, but even then it will be quite difficult without any ability to read the court's ruling.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,059

    Default Re: Breach of Fiduciary-Judge Ruled Attny Ok to Represent Trust and Defendent

    My line should say the duty is to the trustee not trust.

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