Legal Question in Wills and Trusts in Illinois

I live in Illinois but my daughter's dad passed away in California without a will. California law allows you to open a trust account for your child; however, IL requires a Custodial account to be supervised by the state. My daughter and I reside in IL. Is there anyway to challenge the probate law here and open a trust account?


Asked on 1/07/11, 5:41 pm

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

I do not know of a way to do so. In general, when an Illinois minor receives a gift of $10,000 or greater in that minor's name (and not in Trust or in some other fashion), a Guardianship must be opened in the State of Illinois. However, you can avoid certain costs by tackling this creatively. Feel free to call me if you'd like to discuss this further.

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Answered on 3/16/11, 3:49 pm


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