Time Was Of The Essence
A trust document that did not get properly signed prior to the death of the creator has led to a disciplinary complaint by the Illinois Administrator.
Beginning in approximately 2005, and continuing to at least March 2014, Respondent represented Bill and Judy Shutt (“Shutts”, as a couple, or “Bill,” or “Judy,” individually) in various real estate transactions. From 2005 until at least March 28, 2014, Bill farmed land owned by Judy’s parents, Ellen (“Ellen”) and William (“William”) Theobald. Ellen and William had three daughters: Judy, Joyce Allen (“Joyce”), and Patti Jones (“Patti”).
In 2013, Ellen and William resided at The Regency (“Regency”), a retirement center, in Springfield, Illinois. Ellen died on February 10, 2013 at the age of 83.
In December 2013, Respondent met with William, who was 86 years old, and Judy at the Regency to discuss updating William’s estate plan. William’s last will had been written with the assistance of other counsel in 2003, and left successive life estates to his three daughters, then to their children, with the remainder in fee simple to William’s great-grandchildren. William, Judy and Respondent discussed changing the estate plan to remove the successive life estates as written, and instead putting the land in trust with life estates to the daughters that would be managed by the trust. William also agreed that 80 acres of the land would be transferred outright to the three daughters at the time of his death. The remaining land would be put in trust, with Judy and Patti designated as trustees.
Respondent and William agreed that Respondent would represent William in preparation of an estate plan that would include a declaration of trust (“trust”), a new will, and a deed in trust relating to the 80 acres. Respondent and William agreed that Respondent would bill William on an hourly basis. Respondent agreed to prepare the necessary documents and to review those documents with William at the Regency.
By March 2014, Respondent had not returned to meet with William to review the new estate plan, nor had Respondent completed the preparation of the necessary documents prior to March 27, 2014.
On March 21 or 22, 2014, William was taken by ambulance to Memorial Medical Center in Springfield, Illinois.
On Thursday, March 27, 2014, Bill called Respondent’s office and spoke to his secretary Lori Rakes (“Rakes”). Bill told Rakes that William was hospitalized, and they did not know how much time William had left to live, and that they still wanted William to sign the paperwork to change William’s estate plan. Rakes contacted Respondent, who directed Rakes to tell Bill that he could pick up the paperwork on March 28, 2014, but that Respondent would be out of the office that day (March 28, 2014). After speaking with Respondent, Rakes told Bill he could come over and pick up the paperwork on March 28, 2014. Respondent and his wife were traveling out of state on March 28, 2014, to visit their son.
In the late evening of March 27, 2014, William, who had an aortic tear in his heart, was in severe pain. The medical staff administered sedatives to him, and William entered into a state of unconsciousness. He remained unconscious until his death the next day.
The complaint alleged that Bill picked up the documents shortly after William’s death and that they were signed and notarized at the attorney’s office. The document was dated the day after William’s death. (Mike Frisch)