How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29072
Experience:  30 years experience in the practice of estate law.
17897874
Type Your Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

How do I find out if I am a beneficiary to an Illinois

Customer Question

How do I find out if I am a beneficiary to an Illinois Living Trust? Is the trustee required by law to notify ALL beneficiaries? Can the trustee choose to NOT honor the Trust directions.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you

Expert:  Loren replied 1 year ago.

Do you know the identity of the trustee?

Expert:  Loren replied 1 year ago.

The trustee is required to send out a notice to any beneficiary upon the vesting of their interest. They are not required to disclose any information prior to the vesting unless directed by the terms of the trust or commanded by a court order.

Expert:  Loren replied 1 year ago.

The trustee would be in breach of their fiducia y duties if they acted in contradiction to the express terms of the trust. They could be subject to court sanctions for doing so.

Expert:  Loren replied 1 year ago.

Thre is nothing wrong with asking the trustee if you are a beneficiary named in he trust.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Customer: replied 1 year ago.
I know the name of the trustee although I do not know her. How long is the vesting period, typically? I don't really feel comfortable contacting the trustee.
Thank you.
Expert:  Loren replied 1 year ago.

Vesting just means that whatever conditions needed to occur for you to be a beneficiary under the trust has happened. It is not a specific time period.

Expert:  Loren replied 1 year ago.

There is not really a way to get information about the trust without contacting the trustee since the trust is a private document. In other words, the trust is not filed with the court. So it is not something you would be able to examine yourself.

Customer: replied 1 year ago.
would vesting period possibly refer to the point at which all the physical assets are liquidated to cash? Should I request information in regard to the trust via phone call or should it be a formal written request? How might the request be worded so as not to sound abrasive or insensitive.
Expert:  Loren replied 1 year ago.

You would receive a written notice, not a phone call. But you can call the trustee to ask if you were included in the trust.

The vesting can be triggered by any condition. In this case it would most likely be the death of the person who set up the trust.

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 1 year ago.

Did you have further questions before you rate my service to you?

Related Estate Law Questions