Legal Question in Wills and Trusts in Illinois

Re: Trust accounts but no Will

I'm not quite sure what you are asking, but it appears that there is a request for information through a citation proceeding?

The court may be trying to ascertain whether any probate funds were transferred into trust or should be recovered from the trust in order to pay the costs of the estate.

I would advise you to have an attorney review the documents in question, and determine where the assets originated, where they ended up, and whether they are part of the probate estate, or the trust(s).

Without doing a thorough review of all of the documents and outstanding issues, it is otherwise impossible to answer your question.

Re: Trust accounts but no Will

A Citation to Discover Assets is merely an investigatory tool to determine who is the true owner of an asset. However, it may also be a precedent to a Citation to Recover Assets, which would be an attempt to obtain the funds and place into the estate. There are a variety of arguments that may be made to recover funds which are held in joint tenancy or in a trust account, such as the ones you describe in your post. Such arguments may include (1) the decedent did not have requisite capacity when the joint account or trust account was established; and/or (2) the decedent intended to establish these accounts solely for the purpose of convenience and not with the intention to distribute these funds upon decedent's death. You definitely need legal representation on this matter, as if you are not properly represented, these assets may fall into the hands of the estate.