Legal Question in Wills and Trusts in Illinois

Based on the facts provided in your inquiry, the important legal issue involves the fiduciary responsibility of the trustee to pay the expenses of the estate, to manage the assets of the estate, and to distribute the residual estate to the beneficiaries strictly according to the wishes of your uncle expressed in the trust. An EIN number for the trust is standard. The trustee has no legal right to alter the beneficiaries, misuse trust funds, fail to pay just debts and expenses, or to distribute estate property differently than specified in the trust. Finally, the trustee must account for estate funds in a final accounting report detailing use of such estate funds, all of which is subject to review by interested persons such as beneficiaries. You or other such interested persons may object to or contest trustee's actions or accounting report in probate court. For complicated issues of significant value, consulting with an experienced lawyer is suggested.

The trustee has a duty to follow the terms of the trust. Beneficiaries are entitled to see the trust document. If the trustee breaches his duty, he can be held liable. If you fear that the trustee will not properly perform his duties, you might want to consider hiring an attorney to help protect your interests.