Legal Question in Wills and Trusts in Illinois

how do I file a declaratory judgement in chicago.

I have an inheritance that is not being released by the lawyer who settled my Aunts Living Trust.The only beneficiaries of her estate were my brother and two sisters and myself.

They have received their benefits while mine is being held by the trust lawyer at my sibilings request.


Asked on 11/02/12, 6:35 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Did they say why they are holding it? Do the terms of the trust allow or require this discretion? If the trustee is not following the terms of the trust then it could be cause for a breach of fiduciary duty lawsuit.

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Answered on 11/02/12, 6:39 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

It is tough for any of us to advise you without knowing many more facts. Additionally, it will probably be very difficult for you to reach your goal without the assistance of an attorney who is experienced in probate and trust matters.

I strongly recommend that you meet with an attorney to discuss your next steps. Feel free to contact me. I always provide free initial consultations.

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Answered on 11/03/12, 2:05 pm


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