Legal Question in Wills and Trusts in Illinois

My brother and I are sole heirs of my mother. Everything was supposed to be 50-50 and placed jointly in trust for us. After she passed away, I found out that my brother is the sole trustee. He claims that he had her (my mother) make him the trustee so that it would be "easier" to split her assets, but now he won't give me any of the documents relating to the trust and become very confrontational whenever I ask him about disbursing the money she left us. Do I have any rights regarding this or did my mother screw me over? Her will was pretty clear that we split everything, but as I understand it, trusts supersede wills.


Asked on 2/08/10, 9:49 am

3 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

You have a right to see the trust document and you have a right to know what's in the trust and how it's being administered. A Trustee is a fiduciary and owes duties to the beneficiaries, and if those duties are not faithfully carried out, then the trustee can be sued.

Feel free to contact me to discuss. There is no charge for the initial phone call to determine what steps should be taken.

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Answered on 2/13/10, 9:59 am
Joseph Michelotti Michelotti & Associates, Ltd.

trusts and wills are different documents that do different things. The will has to be filed with the clerk of the circuit court. The trust does not. You are only allowed to see the trust if the trust allows you to see it.

Your best bet would be to file a complaint in discovery. Then your brother would have to show you the trust. If money is missing then you can file a suite for accounting etc.

Cal me if you have any questions

joe michelotti 630 928 0100

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Answered on 2/13/10, 4:42 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

You may not have a right to actually view the Trust document. However, you likely have the right to an Account. However, in these circumstances, a Trustee often begins to play fair once they receive a letter from an attorney. Feel free to call me if you'd like to discuss this. I won't charge for the phone call.

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Answered on 2/16/10, 1:23 pm


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