$5,000,000.00 DISTRIBUTION FROM NATIONWIDE TRUST COMPANY ONCE AN ORDER WAS ENTERED BY THE ST. CLAIR COUNTY CIRCUIT COURT IN REGARD TO AN ISSUE INVOLVING A SPECIAL POWER OF APPOINTMENT VERSUS A LIMITED POWER OF APPOINTMENT, BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS, WILL, TRUST AND ESTATE LAWYERS, TRUST AND ESTATE LITIGATION ATTORNEYS, SERVING CLIENTS IN ST. CLAIR COUNTY, MADISON COUNTY, MONROE COUNTY, AND OTHER COUNTIES THROUGHOUT THE SOUTHERN ILLINOIS AND CENTRAL ILLINOIS DISTRICT.
We represented four (4) family members after their father passed away and their mother passed away in regard to a trust that was intended to benefit them upon the deaths of their father and mother. A nationwide trust company initially took the position that because of a letter of direction executed by the mother years ago that somehow the nationwide trust company was not going to proceed with distribution until the deaths of all four (4) children which was inconsistent with the spirit and intent of the estate planning documents of the father and mother of the surviving children. Our clients had a concern that one of the reasons the nationwide trust company wished to continue with acting as trustee of the trust had to do with fees it was charging pursuant to its fee schedule. After an action was filed, there was a favorable ruling in St. Clair County Circuit Court that cleared the path for our clients to receive in excess of $5,000,000.00, or approximately $1,250,000.00 each to four (4) children in terms of concluding the trust administration.
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