Legal Question in Wills and Trusts in Illinois
I was left a trust fund by my mother when she passed away. I am told by the truste that i will have access to it when i am older and i am now in my mid 20's. it has helped pay for college etc. Now that i am older i feel that i should have more information regarding it. (how it is being handled, how much money is left, what age i recieve the money etc.) I dont want to step on any toes but i would like to know the details of it. Is there any way to do this.
2 Answers from Attorneys
The things you want to know are perfectly reasonable and you are entitled to the information necessary to protect and assert your interests, including a copy of the trust document, an inventory of assets and an annual accounting.
Right now your toes are the only ones being stepped on. Too often beneficiaries are reluctant to assert their interests because they don't want to appear "greedy" or mistrustful. This is particularly true if the trustee is a family member.
Keep in mind you are the real party in interest. The trustee is just the manager. He has a fiduciary duty to administer the trust for your benefit.
You don't need to turn it into WWIII. A polite request will do at first. If you get resistance then you remind the trustee of his statutory duty to provide an annual accounting under the Illinois Trusts and Trustees Act. Eventually you would need to seek representation but I doubt that would become necessary. Once the trustee knows you are serious he will most likely do his duty. He doesn't want to get himself into trouble.
In addition to the items listed in Mr. Gottlieb's answer, I would also ask for the annual income tax return filed for the trust, Form 1041.
For more information on estate administration: www.legacylaws.com.
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