TRUST DEED

This is a discussion on TRUST DEED within the Wills, Trusts, Estates forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; A grandmother in Illinois has a land trust deed, naming her son beneficiary after she passes. He in turn names ...

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Old Oct 25th, 2006, 12:07 PM   #1
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A grandmother in Illinois has a land trust deed, naming her son beneficiary after she passes. He in turn names his 2 sons, and a nephew (raised as his son) as equal beneficiaries, after he passes away. The trust is now about to be transferred to the nephew and 2 sons. But the 2 sons have told the nephew they want to pay him a lump sum in exchange for his signature on an assignment of interest naming them. The nephew did not want to do this, as the lump sum was a small portion of his potentional inheritence, pending sales of these properties in the trust. The 2 brothers threatened that if he did not sign, they would file an amendment supposedly drawn up by the now deceased father, that would have excluded the nephew entirely. The nephew had no legal representation and feared that his choice was either sign the assignment over to them, or receive nothing. He now feels that the amendment was a falsified document, to trick him into signing. He has also found a falsely notorized quit claim deed, that was never used. What is the likelihood that he can get this assignment voided?
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Old Oct 25th, 2006, 03:33 PM   #2
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If any of the documents were falsified he has a very good chance...and should pursue it.
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Old Oct 25th, 2006, 05:43 PM   #3
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Even though they never actually filed either document? They only used them as leverage to get him to sign. And only one of said documents is in our possession at this point in time.
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Old Oct 25th, 2006, 05:53 PM   #4
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[supposedly drawn up by the now deceased father]

That is still fraud.
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Old Oct 25th, 2006, 05:56 PM   #5
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the document we have is the quit claim form notorized 2 years after it was originally signed. the other document, the supposed amendment, is not in our possession. How would we be able to prove fraud without it?
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Old Oct 25th, 2006, 05:57 PM   #6
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on the quit claim, you can clearly see where the date was changed, yet still notorized....
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