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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I am looking SPECIFICALLY answer relative to ILLINOIS

Customer Question

I am looking SPECIFICALLY for a answer relative to ILLINOIS law. It would seem different states have different laws regarding the following question. Also, some type of written proof I could read and depend on and not simply an opinion. But if you know the answer but do not have a place to direct me, that is helpful too, it will encourage me to find it.

QUESTION: (IN ILLINOIS) If one is a beneficiary of a irrevocable HEMS trust, can the beneficiary use the trust funds on one's spouse and dependent children to care for them? (IN ILLINOIS) (this also is assuming the beneficiary is the trustee as well)

Here are two links that seem to say yes but do not reference the state aspect.

See page 11 #(V) (B) (1)

See pages 22 & 23

Also I have attached a segment that speaks of a OKLAHOMA 1964 ruling that specifies that the irrevocable trust is only for the benefit of the beneficiary and CANNOT be used for his wife or those minor children dependent on him. ( I will try to attach it somehow but don't at the moment see how.)


Submitted: 2 years ago.
Category: Estate Law
Expert:  Irwin Law replied 2 years ago.
Are you referring to the trustee giving money directly to the spouse and children, or merely using money that he distribute to himself for their benefit?
Customer: replied 2 years ago.

Distributed to himself for their benefit. Such as paying their medical bills, food bills, electric. heating etc...and paying the mortgage payment even though both beneficiary and benficiary's spouse are on it.

Once again, I am really looking for some hard information on this if possible. Thanks.

Expert:  Irwin Law replied 2 years ago.
Since I do not have access to the trust document itself, or the Illinois case data base,I will opt out at this point.