Legal Question in Wills and Trusts in Illinois
A trustee:s responceabilty
my problem is this about a year ago my dad passed on and the way he set-up his will was to deseignate two trustee's to help my step-mother with manging the money and the trustees are my sister and my step brother also no inheartance was to be paid tlll my step mother died well my step mother died about a mounth ago and acordingly the inheartance is supposed to be sent out to the people it is intended for now here is the problem the first installment has been sent out to my sister who took care of the paperwork involved and signed the check then she sent it too my step-brother for his signator on the check well that was about 2 weeks ago and he still has the checks for me and my sisters and for some reason refuses to sign them and send them back to my sister for disbursment so my question is, are there any laws reagarding the trustee's responceablty or laws on what we can do to force him to sign and send the checks well thank you for listening
1 Answer from Attorneys
Re: A trustee:s responceabilty
A trustee has a fiduciary duty to comply with the laws of the State of Illinois as they regard the trust.
If the trust says that he must distribute these funds to you and your sisters, then this is something that you can enforce in a court of law.
The best thing to do is to have an attorney review the will/trust and determine the rights you have under its terms.
You don't say whether a probate estate will be opened. Again, an attorney will be able to tell you whether this matter should be handled through a probate court.
Good luck to you.
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