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Trust lawIllinois Living trust began 1989.One grantor same as sole benificiary.She trusted the wrong people.She passed away in 2007.Many breaches of fiduciary have been uncovered.Does grantors benificiaries have standing to sue for past indescretions.
Yes they do. However it will be expensive and time consuming. Here it depends on the exact facts so you need to take all of the paperwork to a local attorney for an opinion. I doubt you are going to find one that will take it on a contingency so you will have to come up with his retainer fee if you desire to proceed.
Attorney
Actively practicing trial attorney
Thanks Wayne,So the fact we were not income benificiaries during my life time is not a problem?My mother dying and in effect because she didnt knoow and since it was her money does not brevent what was then a contingent benificiary and now a benificiary from going after every last breach of fiduciary no matter when it happened?Believe it or not after four attorneys who never filed a motion my current one I gave money to up front and the rest is a contingency.
The trustee has a fiduciary duty not only to the settlor of the trust but to any future beneficiaries. You have standing to sue.
Wayne Please let me know if you received a $38.00 paymentThanks
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Thank you for your help Wayne,