Legal Question in Wills and Trusts in Illinois
executors responsibilities
my husbands 2 brothers were executors of their grandfathers will they had a special clause put in the will by a lawyer.which gave them complete control of the trust my husband was completely written out of the will. is this legal and what are the statues of limitations this happened in 1982. if this is not legal what are my husbands alternatives could he sue in civil court and get pain and suffering.
1 Answer from Attorneys
Re: executors responsibilities
I am unclear. If this was *in the will* before grandfather's death, then they're carrying it out as it was written is not a violation of the executor's responsibilities. If your husband thought they might have used undue influence to get grandfather to put it in will, 20+ years is too late to make any claims.
The executors could not have put something in the will after death.
If there was a trust for the benefit of your husband and they handled it improperly and omitted him, it is just barely concerivable there might be an action for breach of duty and you could contact me, but if he knew of it 20 years ago and did nothing, I don't hold much hope.
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