Legal Question in Wills and Trusts in Illinois

Re: Can Beneficiary Request Copy of a Trust?

Generally, the trustee has no legal duty to give a copy of the trust to anyone. Unlike a will, which must be filed by the person in possession within 30 days after death (there is a criminal felony for failure to file or conceal a will after the death of the maker), a trust is a private document. HOwever, in litigation, for example to remove the trustee, a copy of the trust would likely have to be produced pursuant to diacovery requests.

YOu are supposed to be receiving an annual accounting if you are a beneficiary. If the trustee has bounced three checks, you can bring an action to remove for being unfit. Also, there is a right of action under Illinois law against anyone who has bounced a check. Parties who write checks that are returned unpaid because of insufficient funds may become liable for statutory treble damages, costs, and attorneys� fees. 720 ILCS 5/17-1(a).

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.