Legal Question in Wills and Trusts in Illinois

hi, i have a revocable trust in il, my wife whom im separated managed to get 90k from a trust(cash investment fund in both our names) i found out and called fund and said i didnt sigh the 2 signature release,they admited there mistake and got the funds back from the new fund,(the 90k was in her name only at the new fund)main prob there was a $1800 a mo draw to our bank and the now original fund wont restart the draw w/ out my uncooperative wifes signature, im going broke she is a (uncooperative) trustee any securitys or ? laws broken in the prossess? were florida residents,6mo fl,6mo il from il


Asked on 4/15/13, 7:23 pm

1 Answer from Attorneys
Stephen Messutta

Although the facts are not altogether clear and more information would be needed including a complete review of the trust instruments and bank account information, you are a trustee and have most likely power to sue. But for what? Where a trustee refuses to act within the terms of a trust for personal reasons, that MAY be a conflict of interest and a breach of the trustee's fiduciary obligations. But first you need an attorney to review the trust and bank information and find out what the parameters are. The trust may also provide for conditions of removal of a trustee, and other remedies. As far as where to sue, usually it is where the trust assets are situated, but a personal action against a trustee can be wherever the trustee is located.

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Answered on 4/16/13, 11:00 am


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