Legal Question in Wills and Trusts in Illinois

My grandmother and step-grandfather had a family trust. My grandmother passed away years ago and my grandfather passed about a month ago. No one seems to know anything about the trust, they were very private about their finances. Will an attorney or someone contact us? How do we find out anything?


Asked on 2/25/10, 7:34 pm

2 Answers from Attorneys

Hard to say. If there was a trust and the trustee was responsible for all of their assets, then it may be a trustee contacting you. But where are your parents in this picture? They may or may be the "next in line". Do you have any clue who the trustee was? If they owned real estate at some point they would have probably given a deed to the trustee and it could show up on title. If you're concerned that your grandfather was his own trustee at the end, and he didn't designate a successor or the trust document didn't name one, then a court may have to get involved: a trust will not fail due to the lack of a trustee - a court can appoint one. But if the trust ends, and you or your parents are not the "next in line", you may not be notified. If you think the estate was of value in any way (cash, property, jewelry, family sentimental or heirloom items) time to get a probate/trust attorney involved.

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Answered on 3/06/10, 9:26 am

Hard to say. If there was a trust and the trustee was responsible for all of their assets, then it may be a trustee contacting you. But where are your parents in this picture? They may or may be the "next in line". Do you have any clue who the trustee was? If they owned real estate at some point they would have probably given a deed to the trustee and it could show up on title. If you're concerned that your grandfather was his own trustee at the end, and he didn't designate a successor or the trust document didn't name one, then a court may have to get involved: a trust will not fail due to the lack of a trustee - a court can appoint one. But if the trust ends, and you or your parents are not the "next in line", you may not be notified. If you think the estate was of value in any way (cash, property, jewelry, family sentimental or heirloom items) time to get a probate/trust attorney involved.

This is not meant as a definitive answer but a general narrative to assist you in heading in the right direction. Any law cited or referred to specifically or generally may or may not apply to a specific set of facts. We nevertheless hope this is of some help to you.

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Answered on 3/06/10, 9:27 am


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