Legal Question in Wills and Trusts in Illinois

my brother is executor of a living trust to support a disabled sibling. He has elected to stop providing financial support, and will not share the terms and conditions of the living trust. How do I get a copy of the Living Trust and the original Will


Asked on 12/29/10, 1:59 pm

2 Answers from Attorneys

The disabled sibling or his/her guardian would likely be the only person with "standing" to file an action in court to enforce the terms of the trust or will.

If your brother will not provide the documents voluntarily, a court action may be the only way it can be resolved. Please consult with an attorney. This is not something that should be done by yourself. The laws are complex.

Good luck to you.

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Answered on 1/04/11, 4:29 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

The original Will should have been filed in the County where the decedent resided at death. Due to your description of these circumstances, it was likely filed, so a copy could be easily obtained by you.

You may have to bring a Court action to learn the terms of the Trust. However, I strongly recommend that you hire an attorney. Your brother will likely refuse to take action unless you show that you're serious by hiring a lawyer. Often, a skilled lawyer will find a way to make some progress without any Court filings, though that might ultimately prove necessary. Feel free to call me for a free consultation.

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Answered on 1/04/11, 7:08 am


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