Siblings fight over validity of trust assignment

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 17, 2022 11:31 AM

In a fight between three of Filip Rotheimer’s children about $1.78 million in proceeds from the sale of a Chicago building, the question for the Illinois Appellate Court was whether Filip’s assignment of the beneficial interest of the land trust that held title to the real estate was invalid because it wasn’t “lodged” with the trustee and approved by a lender.The trust agreement said: “No assignment of any beneficial interest hereunder shall be binding on the trustee until the original or a duplicate of the assignment is …

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