MASCOUTAH, ST. CLAIR COUNTY, ILLINOIS WILL AND TRUST LAW FIRM, METRO EAST, BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS ESTATE PLANNING ATTORNEYS, WHEN IT IS ANTICIPATED THERE WILL BE A WILL OR TRUST CONTEST, WE WERE HIRED TO PROVIDE REPRESENTATION IN REGARD TO AN ELDERLY FARMING COUPLE IN SOUTHERN ILLINOIS. THEY HAD SEVERAL DAUGHTERS. THEIR INTENT WAS THAT THE DAUGHTER THAT STAYED ON THE FARM, AND WORKED THE FARM FOR DECADES, WOULD RECEIVE THE FARM UPON THE DEATHS OF OUR CLIENTS. AFTER WE BECOME INVOLVED, WE DISCOVERED THAT ANOTHER DAUGHTER, WHO WAS NOT ENGAGED IN FARMING OPERATIONS, HAS SECURED A POWER OF ATTORNEY FROM OUR CLIENTS AND WAS WORKING WITH ANOTHER LAW FIRM IN ST. CLAIR COUNTY. WHEN WE BECAME INVOLVED, THERE WAS A TRUST WITH SIX (6) AMENDMENTS TO THE TRUST. AFTER CAREFUL EXAMINATION OF THE DOCUMENTS, WE DETERMINED THAT THE EXISTING ESTATE PLAN OF OUR NEW CLIENTS DID NOT PROVIDE FOR THE DAUGHTER THAT STAYED IN FARMING TO RECEIVE THE FARM UPON THE DEATHS OF HER PARENTS. RATHER, THE OTHER DAUGHTER, WHO HAD POWER OF ATTORNEY, AND THE LAW FIRM IN ST. CLAIR COUNTY THAT WAS INVOLVED HAD STRUCTURED THE ESTATE PLAN SUCH THAT THE DAUGHTER WHO STAYED IN FARMING WOULD ONLY HAVE A LIFE ESTATE IN THE FARM. FURTHER, UPON HER DEATH, THE FARM WAS THEN TO BE DIVIDED BETWEEN THE DAUGHTER WHO STAYED IN FARMING AND THE OTHER DAUGHTERS, WHICH WAS NOT AT ALL WHAT OUR CLIENTS WISHED. ONCE WE FOUND OUT WHAT WAS OCCURRING, WE TOOK IMMEDIATE ACTION TO CHANGE THE ESTATE PLANNING DOCUMENTS OF OUR CLIENTS, THE ELDERLY FARMING COUPLE, TO PROVIDE THAT THE DAUGHTER WHO STAYED IN FARMING WOULD RECEIVE THE FARM UPON THE DEATHS OF OUR CLIENTS. INCLUDED IN THE NEW ESTATE PLANNING DOCUMENTS WAS A WILL CONTEST CLAUSE THAT WAS BASICALLY IMPREGNABLE. IN FACT, UPON THE DEATHS OF OUR ELDERLY CLIENTS, THE SISTER WHO HAD POWER OF ATTORNEY ATTEMPTED TO FIND ANOTHER LAW FIRM THAT COULD SET ASIDE THE WILL AND TRUST BASED NOTWITHSTANDING THE IMPREGNABLE WILL CONTEST CLAUSE. THAT LAW FIRM DETERMINED THAT THE ESTATE PLANNING DOCUMENTS WERE DRAFTED IN A MANNER THAT COULD WITHSTAND ANY WILL OR TRUST CONTEST, INCLUDING ON APPEAL AVAILABLE TO REPRESENT CLIENTS FROM THE CARBONDALE, JACKSON COUNTY, MARION, WILLIAMSON COUNTY, HARRISBURG, SALINE COUNTY, AREA.
Blake Law Group
July 10, 2020
MASCOUTAH, ST. CLAIR COUNTY, ILLINOIS WILL AND TRUST LAW FIRM, METRO EAST, BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS ESTATE PLANNING ATTORNEYS, WHEN IT IS ANTICIPATED THERE WILL BE A WILL OR TRUST CONTEST, WE WERE HIRED TO PROVIDE REPRESENTATION IN REGARD TO AN ELDERLY FARMING COUPLE IN SOUTHERN ILLINOIS. THEY HAD SEVERAL DAUGHTERS. THEIR INTENT WAS THAT THE DAUGHTER THAT STAYED ON THE FARM, AND WORKED THE FARM FOR DECADES, WOULD RECEIVE THE FARM UPON THE DEATHS OF OUR CLIENTS. AFTER WE BECOME INVOLVED, WE DISCOVERED THAT ANOTHER DAUGHTER, WHO WAS NOT ENGAGED IN FARMING OPERATIONS, HAS SECURED A POWER OF ATTORNEY FROM OUR CLIENTS AND WAS WORKING WITH ANOTHER LAW FIRM IN ST. CLAIR COUNTY. WHEN WE BECAME INVOLVED, THERE WAS A TRUST WITH SIX (6) AMENDMENTS TO THE TRUST. AFTER CAREFUL EXAMINATION OF THE DOCUMENTS, WE DETERMINED THAT THE EXISTING ESTATE PLAN OF OUR NEW CLIENTS DID NOT PROVIDE FOR THE DAUGHTER THAT STAYED IN FARMING TO RECEIVE THE FARM UPON THE DEATHS OF HER PARENTS. RATHER, THE OTHER DAUGHTER, WHO HAD POWER OF ATTORNEY, AND THE LAW FIRM IN ST. CLAIR COUNTY THAT WAS INVOLVED HAD STRUCTURED THE ESTATE PLAN SUCH THAT THE DAUGHTER WHO STAYED IN FARMING WOULD ONLY HAVE A LIFE ESTATE IN THE FARM. FURTHER, UPON HER DEATH, THE FARM WAS THEN TO BE DIVIDED BETWEEN THE DAUGHTER WHO STAYED IN FARMING AND THE OTHER DAUGHTERS, WHICH WAS NOT AT ALL WHAT OUR CLIENTS WISHED. ONCE WE FOUND OUT WHAT WAS OCCURRING, WE TOOK IMMEDIATE ACTION TO CHANGE THE ESTATE PLANNING DOCUMENTS OF OUR CLIENTS, THE ELDERLY FARMING COUPLE, TO PROVIDE THAT THE DAUGHTER WHO STAYED IN FARMING WOULD RECEIVE THE FARM UPON THE DEATHS OF OUR CLIENTS. INCLUDED IN THE NEW ESTATE PLANNING DOCUMENTS WAS A WILL CONTEST CLAUSE THAT WAS BASICALLY IMPREGNABLE. IN FACT, UPON THE DEATHS OF OUR ELDERLY CLIENTS, THE SISTER WHO HAD POWER OF ATTORNEY ATTEMPTED TO FIND ANOTHER LAW FIRM THAT COULD SET ASIDE THE WILL AND TRUST BASED NOTWITHSTANDING THE IMPREGNABLE WILL CONTEST CLAUSE. THAT LAW FIRM DETERMINED THAT THE ESTATE PLANNING DOCUMENTS WERE DRAFTED IN A MANNER THAT COULD WITHSTAND ANY WILL OR TRUST CONTEST, INCLUDING ON APPEAL AVAILABLE TO REPRESENT CLIENTS FROM THE CARBONDALE, JACKSON COUNTY, MARION, WILLIAMSON COUNTY, HARRISBURG, SALINE COUNTY, AREA.
We know from experience that after one or two amendments, clients have a difficult time, as well as attorneys, attempting to figure out the state of the estate plan. We traced the original trust, and the six (6) amendments, until we were able to solve the estate planning puzzle. In the new estate planning documents prepared for the elderly farming couple, we terminated the previous trust and the six (6) amendments.
Blake Behme Gilbreth Links, P.C.
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“ARTICLE FROM EDWARD J. BLAKE, JR., BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS REAL ESTATE ATTORNEYS”. WE SETTLED A DISPUTE REPRESENTING A BUYER OF REAL ESTATE IN REGARD TO DISCLOSURES NOT MADE BY THE SELLER. ISSUES IN THAT CASE INVOLVED UNDISCLOSED WATER AND/OR SEEPAGE CONDITIONS, CLAIMS OF MOLD, FLOORING THAT WAS WARPED, WALLS THAT WERE NOT ALIGNED AND CONDITIONS THAT WERE CONCEALED OR OTHERWISE NOT DISCLOSED TO OUR CLIENTS PRIOR TO THE PURCHASE. EDWARD J. BLAKE, JR., AND HIS LAW FIRM HAVE MORE THAN FORTY (40) YEARS OF EXPERIENCE HANDLING CASES INVOLVING COMMERCIAL AND RESIDENTIAL BUILDINGS, LEASES FOR BUSINESS AND INDIVIDUALS, DISPUTES BETWEEN LANDLORDS AND TENANTS, SUBSIDENCE ISSUES, FAULTY CONSTRUCTION OR POOR WORKMANSHIP, MECHANICS LIENS, FORECLOSURE CASES, BOND FOR DEED AGREEMENTS, DEFENDING FORECLOSURE ACTIONS, NEGOTIATIONS ON BEHALF OF BUYERS WITH RESPECT TO SELLERS, PREPARATION FOR REAL ESTATE SALES CONTRACTS, DISCLOSURE STATEMENTS AND DEEDS, EXPLAINING DIFFERENCES BETWEEN WARRANTY DEEDS AND QUIT CLAIM DEEDS, CONSTRUCTION CONTRACTS WITH BUILDERS, REPRESENTATION OF FRANCHISEES, REAL ESTATE TAXES, REAL ESTATE ASSESSMENT REDUCTIONS, PROTESTS WITH RESPECT TO ASSESSMENTS AND REAL ESTATE TAX BILLS, SUCCESSION PLANNING IN REGARD TO BUSINESS AND FARMS, REPRESENTATION OF FARMERS IN REGARD TO ISSUES INVOLVING UTILITIES, LAND DISPUTES, BOUNDARY LINE DISPUTES, ADVERSE POSSESSION ACTIONS, LAWSUITS FOR TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS AND PERMANENT INJUNCTIONS, ISSUES INVOLVING MOBILE HOMES AND MODULAR HOMES, FAULTY SET UP AND INSTALLATION, INSURANCE CLAIMS REGARDING HOUSES AND REAL ESTATE, ESTATE SETTLEMENTS REGARDING REAL ESTATE, PROBATE CASES WHERE LAND IS INVOLVED, AND OTHER REAL ESTATE ISSUES. EDWARD J. BLAKE, JR., IS A MEMBER OF THE AMERICAN BAR ASSOCIATION (ABA) AND IS A MEMBER OF THE ILLINOIS STATE BAR ASSOCIATION (ISBA). AVAILABLE TO REPRESENT CLIENTS FROM TAZEWELL COUNTY, MARQUETTE HEIGHTS, PEKIN AND WASHINGTON, MCLEAN COUNTY, BLOOMINGTON, CHENOA AND LEXINGTON, FORD COUNTY, GIBSON CITY, PAXTON AND PIPER CITY, ILLINOIS.