Legal Question in Wills and Trusts in Illinois
My mom set up a trust for me w/my sister who 1st power of attorney & my other 2 sisters as co-signers. In May, I will graduate w/my masters degree in social work & need money due to economy, tuition costs & bills. Sister w/1st power will not allocate these funds to me (I'm 57 yrs old) but my other sisters would co-sign. Do I have any recourse to get this money which my sister is trying to control?
2 Answers from Attorneys
The answer depends a great deal on the specific terms of the trust and powers of the trustee(s). I suggest you take a copy of the trust to a trusts and estates attorney to review the trust and your options.
Based on the information provided, our response is: 1) your sister(s) as trustees have responsibility to administer the trust according to the instructions expressed in the trust. Advice: review trust provisions to determine those responsibilities and whether your sister is acting consistent with trust requirements. If she is not, you have recourse through local probate court. Whether your sister is acting as an attorney-in-fact as designated in a DPOA or as a Successor Trustee for a revocable, living will, or other legal document, must be clarified before you can be counseled in detail.
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