Legal Question in Wills and Trusts in Illinois

I am a professional tax practitioner (EA) and I have a client who has been appointed the executor of an estate. The primary beneficiary of the estate is a 5 year old child. The child's mother (the decedent) left money for the child's education which can be accessed at ages 18, 21, and 23. My question is concerning how to set up the trust for the child. Can the funds (Life Insurance Proceeds) remain in the estate and then have the estate put the funds into a trust account with the stipulations the mother requested, or does a separate trust need to be created to handle this? As I am not a Lawyer I certainly will not be setting up the Trust, but I want to be able to advise my client as to what his options are so that he can proceed to make the necessary arrangements.


Asked on 3/07/11, 1:16 pm

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

The Will (and Trust Agreement, if any) establishes the provisions of the Estate and Trust. Unfortunately, no attorney can properly guide your client unless that attorney actually reviews those documents.

Your client needs an attorney to help him through, at minimum, the initial setup. Feel free to have him call me for a free consultation.

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Answered on 3/07/11, 1:24 pm


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