Madison - St. Clair Record

Sunday, September 22, 2019

Illinois attorney sued over alleged negligence in trust preparation

By Robbie Hargett | Sep 21, 2015

A woman is suing an Illinois attorney over claims of negligence in preparing a trust, allegedly resulting in the loss of estate assets.

Abby Benson Razer filed a complaint on Aug. 25 in Madison County Circuit Court against Tammy Julian, alleging negligence.

The complaint states that the late Orville Benson, who died in 2009, retained Julian in April 2007 for the purpose of creating an irrevocable living trust, under which Razer was a beneficiary.

After Orville Benson died, his surviving wife, Shirley Benson, believed she would be protected from a Medicare spend-down under the terms of the trust, but the trust did not in fact protect the Bensons' assets, which were spent down in approximately $400,000.

The complaint alleges Julian was negligent in failing to inquire whether the Bensons had any handicapped relatives, and failing to apply for Veteran benefits available to Orville Benson under Illinois law, which would have spared the asset spend-down and allowed Razer more available assets for her care.

Razer seeks a judgment in excess of $50,000, plus costs of the suit.

She is represented by William K. Meehan of the Meehan Law Firm in University City, Mo.

Madison County Circuit Court case number 15-L-1092

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