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Illinois - rights of trust beneficary ?

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MarkRogers

Junior Member
What is the name of your state (only U.S. law)? Illinois

My distant bachelor uncle died. He made me beneficiary of a very small portion of an otherwise sizeable estate via a trust.
I was concerned about fraud. I asked the trust's lawyer who disbursed my inheritance to show me the rest of the trust document. He only was willing to show me the portion of the trust mentioning my inheritance, but nothing else.
As a beneficiary of the trust, is it within my rights to see the entire document? (Especially so because I am concerned about fraud.)

All parties within state of Illinois. Thank you for your response.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Illinois

My distant bachelor uncle died. He made me beneficiary of a very small portion of an otherwise sizeable estate via a trust.
I was concerned about fraud. I asked the trust's lawyer who disbursed my inheritance to show me the rest of the trust document. He only was willing to show me the portion of the trust mentioning my inheritance, but nothing else.
As a beneficiary of the trust, is it within my rights to see the entire document? (Especially so because I am concerned about fraud.)

All parties within state of Illinois. Thank you for your response.
What makes you concerned about fraud?
 

LdiJ

Senior Member
Human nature when nobody's watching
Ok, then idle curiosity basically. Here is the deal. The only way that you are going to compel the attorney to release a copy the entire trust is through court action, assuming you would win such an action. You have to decide if your idle curiosity is worth the cost of doing that.
 

MarkRogers

Junior Member
Ok, then idle curiosity basically. Here is the deal. The only way that you are going to compel the attorney to release a copy the entire trust is through court action, assuming you would win such an action. You have to decide if your idle curiosity is worth the cost of doing that.
Are you familiar with Illinois trust laws? What sort of court action?
 

Dandy Don

Senior Member
A suit is not necessary.

If you know who the trustee of the trust is (in this instance it appears that the attorney may also be the trustee), you can send the trustee a certified letter (do NOT make a verbal request only) to ask for a copy of the trust and he is required by law to promptly respond. If it not provided in a reasonable amount of time (say, less than 30 days), you or your attorney can make a motion in probate court to ask the judge order him to provide it. After you have received your copy of the trust, then submit a request for an annual accounting statement for each year the trust has existed.

You will want to see if there is any language in the trust that exempts the trustee from posting a bond. If you suspect theft or misappropriation of assets, then consult with a trust attorney to figure out what options you might have.
 

MarkRogers

Junior Member
A suit is not necessary.

If you know who the trustee of the trust is (in this instance it appears that the attorney may also be the trustee), you can send the trustee a certified letter (do NOT make a verbal request only) to ask for a copy of the trust and he is required by law to promptly respond. If it not provided in a reasonable amount of time (say, less than 30 days), you or your attorney can make a motion in probate court to ask the judge order him to provide it. After you have received your copy of the trust, then submit a request for an annual accounting statement for each year the trust has existed.

You will want to see if there is any language in the trust that exempts the trustee from posting a bond. If you suspect theft or misappropriation of assets, then consult with a trust attorney to figure out what options you might have.
Thanks to you, and everyone, for taking the time to reply.
 

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