Legal Question in Wills and Trusts in Illinois
My Uncle passed away a couple of months ago and left a distant relative as his 'executor'. I did receive a copy of an old will, but recently learned that there is a Living Trust, dated 2010, that has named the same person as Trustee. This person has failed to inform the beneficiaries of this trust, and refused to communicate with us. She also put the house up for sale and has sold all of my Uncle's possessions. Is this a crime? What recourse do I and the other beneficiaries have?
2 Answers from Attorneys
Whether or not the trustee committed a crime, the trustee has legal fiduciary duties and if the trustee breaches those duties, he can be sued civilly. You or your counsel should contact your uncle and/or his counsel to demand a copy of the trust and information about the trust's assets and activities. If that doesn't work then filing suit may be necessary. You should consider retaining counsel ASAP to protect your interests.
Where there is a trust there is usually a will which specifies that any assets outside the reach of the trust should be disposed of through the trust. This will should be filed in the county in which the decedent resided on the date of his death. Usually the name of the attorney who helped draft the will and trust will be stated, and that is a place to start making inquiries. It is possible you are not a beneficiary of the trust.
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