Helping Families Flourish

 
 

Looking closer at one that went wrong - Spencer v. DiCola - Part 1

May 05, 2015 9:00 AM | Daniel P. Felix (Administrator)

 
Here's the viewpoint from the Chicago Trustee Collaboratory on one family who ended up in court against their trustee.    


The family lost their attempt to remove their trustee in the case called Spencer versus DiCola.  Then the family appealed twice -- and lost both appeals.


In Part 1, we look at The Lawsuit and the Legalities.


Executive Summary:


1)   It can be hard to remove a sitting trustee.   A trustee’s defense of his position is permitted, and not considered “self-serving” even if it goes against the family.


2)   Drafting pointer: a trust can provide in what situations a sitting trustee may be replaced.


3)   Court modifications of the trust are best memorialized with word-for-word changes to the trust document.


Read our report here: Spencer v. Di Cola -case analysis - PART 1.pdf


Stay tuned for Part 2, where we look more closely at the lessons of this case for trust administration.


 
The Chicago Trustee Collaboratory is also staffing a full day seminar using this lawsuit as a case study.   For more details of this offering from the Illinois Institute for Continuing Legal Education, click here.



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