Legal Question in Wills and Trusts in Illinois
My cousin and I are co-executors of our niece's trust. We have been since 2007 which was when her mother died. We need to get the funds out of a Bright Start Education fund, but they are saying that they need a more recent copy of a letter of office, since the only one we have was from 2007. Where do we get this and what documents do we need to show?
2 Answers from Attorneys
The term "letters of office" refers to a court appointment of a guardian, executor or administrator. The term executor does not necessarily directly relate to the term trust. Trusts are managed by "trustees". Since it's the financial institution where the funds are held making the demand on you for documentation, I think you should discuss your situation with the person who told you to get the updated letters to make sure there is a mutual understanding of the source of your legal authority to act on behalf of your niece. It is possible the person with whom you spoke didn't take the time to evaluate your situation properly. If you don't have a lawyer advising you on how to administer your niece's trust, maybe it's a good time to find someone in your locale to help you.
As already noted, there seems to be a mixing of terms. Letters of office are issued by a court. There may have been Letters of Office issued to someone as an Executor or Administrator of the mother's estate. The other possibility (or perhaps in addition to) is Letters of Office issued to someone to act as your niece's guardian. That may have been a requirement to secure the funds at the time. Likely, the decedent's estate, if any, closed some time ago, but you can check on that. If so and you are holding a copy of the Letters of Office for the decedent's estate, it is probably just an outdated copy, no longer in effect. If it is for a guardianship, then there is some likelihood they are still in place if your niece remains a minor. If the Letters of Office are still in effect, then you can get them updated by the Clerk of the Circuit Court. There is a small fee for each update and an additional fee to have them certified, which is advised.
With many Clerks of Court, you can access case information online. If not, you can call to confirm details with one of the deputy clerks. It would be best to do that homework in advance. Your location is not clearly stated, but if you are in Cook County, covering as much as you can in advance is advised and if you can use one of the suburban offices you might find it less time consuming.
If it is a trust you are dealing with, it may be that everything was turned over to you as "trustees" some time ago and Letters of Office would not apply. In that case, you may need to help them better understand your current role, at which time they will likely ask for different documentation from you.