Legal Question in Wills and Trusts in Illinois
trust account
How do you break a trust account that an attorney was named trustee in?
1 Answer from Attorneys
Re: trust account
Hello. The legal issue is whether the
attorney has committed an act which
would warrant his removal. I suggest
going to chancery court. This is the court that offers equitable remedies when there is no legal remedy. As I see it, you would have to argue that it is unfair or (inequitable) for the attorney to proceed in his named capacity as trustee and that it is in the "best interest" of the beneficiaries of the trust account that the attorney be removed. Now another issue is whether the person seeking to remove the attorney has standing. Notice that I have not addressed "breaking" the trust since the remedy getting a new trustee might
be what you are looking for. Will be happy to discuss this further and in more detail.