what are some examples of gross negligence/willful misconduct (IL)?

[maryQ]

(IL)Here is my situation however maybe if I have other examples it might help too ... any insight would be appreciated!

my disabled child inherited his deceased father's inheritance who was my ex. long story short, I was seriously pressured and under the poverty level when this all came about. I still am. However, since I signed, the initial person who was a distributor advisor set me up in a new place to live with my son since we had no place of our own, a private school for him for autistic children and about 2 months worth of granted distributions for a fence for the yard, therapeutic tools, etc.

He passed and the new person is my ex-brother in law and we have some serious bad blood. the first person assured me we would even revisit his involvement but was hoping we might get past our differences by the time he took over. Only that the time came only 2 months in and he has been totally rogue. Asking for personal bank statements, trying to take my parental rights in choosing therapists, doctors, schools etc. threatening not to make distributions unless I give him access to the house monthly at a minimum which is not what I signed up for. if he cuts my sons private school tuition he will be seriously emotionally harmed. he has had a hard time with all the change enough as it is.

the question is - is his behavior which includes lots of bullying and intimidation willful misconduct? if he stops payments for school tuition or makes this place inhabitable by intimidating me once a month - in which case I'll have to move, isn't this gross negligence considering he has had virtually zero relationships with my son his entire life? I see a lawyer for consult soon. What questions should I be asking them?

 

[LdiJ]

(IL)Here is my situation however maybe if I have other examples it might help too ... any insight would be appreciated!

my disabled child inherited his deceased father's inheritance who was my ex. long story short, I was seriously pressured and under the poverty level when this all came about. I still am. However, since I signed, the initial person who was a distributor advisor set me up in a new place to live with my son since we had no place of our own, a private school for him for autistic children and about 2 months worth of granted distributions for a fence for the yard, therapeutic tools, etc.

He passed and the new person is my ex-brother in law and we have some serious bad blood. the first person assured me we would even revisit his involvement but was hoping we might get past our differences by the time he took over. Only that the time came only 2 months in and he has been totally rogue. Asking for personal bank statements, trying to take my parental rights in choosing therapists, doctors, schools etc. threatening not to make distributions unless I give him access to the house monthly at a minimum which is not what I signed up for. if he cuts my sons private school tuition he will be seriously emotionally harmed. he has had a hard time with all the change enough as it is.

the question is - is his behavior which includes lots of bullying and intimidation willful misconduct? if he stops payments for school tuition or makes this place inhabitable by intimidating me once a month - in which case I'll have to move, isn't this gross negligence considering he has had virtually zero relationships with my son his entire life? I see a lawyer for consult soon. What questions should I be asking them?

Is your son's money in a trust? Is the ex brother in law the trustee? The attorney you consult is going to need to know. I am unfamiliar with anyone called a "distributor adviser".

 

[adjusterjack]

I see a lawyer for consult soon

See one sooner.

What questions should I be asking them?

None. He'll be asking you the questions. Bring a copy of whatever you signed and make a written history (keep a copy) for the lawyer to read. It will speed up the consultation and save you money.

 

[maryQ]

Is your son's money in a trust? Is the ex brother in law the trustee? The attorney you consult is going to need to know. I am unfamiliar with anyone called a "distributor adviser".

It's an IL thing where the duties are bifurcated. the trust (supplemental trust in place for only 6 months now), states explicitly that his authority is to direct the trustee with regards to distributions. that's it. I have no idea why he thinks he has all this authority. the initial lawyers tried to mediate and then he cut me off, probably because he didn't like how they were advocating for me opposed to him.

 

[adjusterjack]

You're probably going to need a lawyer of your own, one who will take him to court where he won't be able to "cut off" anybody.

 

[maryQ]

You're probably going to need a lawyer of your own, one who will take him to court where he won't be able to "cut off" anybody.

that's this Tuesday. I suppose I was curious if there were any questions I hadn't thought of other than, is this even legal. there is literally zero verbiage that gives him the power to do anything other than to direct distributions. He's just abusing the position in my opinion. I was just curious though if it's more than just my opinion or if this is customary to do. attending my son's IEP (a parental meeting with school) in order to pay tuition is encroaching but again, for now, it's my opinion which makes me feel uneasy.

either way, I get at least some guidance Tues. I suppose I'll get some sleep after then.

 

[FarmerJ]

Since I work with people with developmental disabilities I am aware of many of our clients who were able to go to school in regular public schools in order to meet educational needs educational goals services to meet goals /service plans. Im wondering if a public school district can develop a education plan in order to free up the money that is spent on a private school ? Your state should have ombudsman offices for people who have learning disabilities or legally meet a definition of vulnerable , those representatives should be able to fill you in on what meets your states definitions of financial abuse. Contact them.

 

[maryQ]

Since I work with people with developmental disabilities I am aware of many of our clients who were able to go to school in regular public schools in order to meet educational needs educational goals services to meet goals /service plans. Im wondering if a public school district can develop a education plan in order to free up the money that is spent on a private school ? Your state should have ombudsman offices for people who have learning disabilities or legally meet a definition of vulnerable , those representatives should be able to fill you in on what meets your states definitions of financial abuse. Contact them.

That would be a wonderful suggestion if the person was only cutting school tuition. They're cutting everything off, just because. Seriously. they took over and told me their job was to "protect the wealth" and now everything was cut off. including the school. I just wasted 600 on a consult with a lawyer who told me he doesn't need to make distributions. I'm so perplexed. I don't have money for any other lawyers. uncertain of what to do. the person can only be removed if gross negligence and willful misconduct is an issue but the lawyer told me that had to do with the money and since he doesn't control that (the trustee does) I'm stuck. The person is a distributor advisor which I guess is an IL thing. It's appearing like a new role to screw beneficiaries. because the trustee is not liable and he can't be removed. I can't afford a lawyer. I'm looking into maybe doing it myself.

 

[Dandy Don]

So what specifically does the trust allow you to make reasonable request for?

Make your current request IN WRITING to the trustee and ask for a written response from the trustee, so that if he denies you again, you will have documented evidence that at least you made an effort that he denied.

Go online to see what agencies or companies specialize in elderly financial abuse and talk with them about your situation (even though it is different because it involves a trust). The agency may be able to direct you toward local attorneys who could advise you without a fee.

 

[maryQ]

So what specifically does the trust allow you to make reasonable request for?

Make your current request IN WRITING to the trustee and ask for a written response from the trustee, so that if he denies you again, you will have documented evidence that at least you made an effort that he denied.

Go online to see what agencies or companies specialize in elderly financial abuse and talk with them about your situation (even though it is different because it involves a trust). The agency may be able to direct you toward local attorneys who could advise you without a fee.

It actually allows distributions for a lot. pretty much anything and goes on about vacations and all sorts of things. it's well funded too. right now I have refused to speak to the person since he's yelling at me all of the time and I don't think that's fair to have to take that. He's a relative of my ex and so it's a complete nightmare. I'm just trying to document everything for down the line.

 

[maryQ]

I noticed another thread shut down. Sorry, but I didn't know that was discouraged at the time of posting. I would like to ask a follow-up question to someone in that thread but it was closed down. How does a person figure out how to petition the court. I have googled plenty and there doesn't seem to be an easy walk through anywhere. What am I petitioning for exactly if I want the judge to tell this person to behave? I'm at the point of moving just to make the drama stop. It's sad because this is a house bought for the trustee and yet, this person doesn't care. he is only fixated on it being a "trust asset". I just don't understand the process of petitioning the court but I would like to know if anyone would be kind enough to point me to any resources to learn.

 

[PayrollHRGuy]

How does a person figure out how to petition the court.

If they are not able to research the issue they either go to law school or hire a lawyer.