Legal Question in Wills and Trusts in Illinois
Trust
I have a brother who is executor of a trust that has been left to me by my parent. This person has been irresponsible in his duties as exexcutor. Can you tell me if I can have these funds transfered to me through a lawsuit or other means?
Asked on 6/07/08, 4:51 pm
1 Answer from Attorneys
Re: Trust
I believe you mean that your brother is the "trustee" of the trust.
A trustee is a fiduciary, and by law, fiduciaries are held to a very high standard. If your brother is not living up to his responsibilities, it may be possible to have him removed by using the trust language itself. If not, you can bring him to court for breach of his fiduciary duties.
Let me know if you would like to discuss this further.
Answered on 6/09/08, 1:11 pm
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