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LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Just looking at comment about Trusts in Illinois where it is

Customer Question

Just looking at comment about Trusts in Illinois where it is mentioned that in addition to beneficiaries right to request accounting from Trustee, Beneficiary has a right to demand copy of the Trust pursuant to Uniform Trust Law, But did illinois adomt the UTC in it's entirety? and if so, I assume that application might still be ilimited to Trusts created after the date that Illinois adopted this law.
JA: What documents or supporting evidence do you have?
Customer: None. The reason for my inquiry is on behalf of a friend/beneficiary who is having some push back regarding full disclosure.The trustee/sibling acnoledges that my friend is a beneficiary and has stated that her share will be forthcommimg but to date has not shared any other details or documents
JA: Anything else you want the lawyer to know before I connect you?
Customer: what is the cost for this service?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: how much is "the rest"
Submitted: 9 months ago.
Category: Estate Law
Expert:  LegalGems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 9 months ago.

Illinois has adopted a version of the UTC.

Here is the portion that requires an accounting- at least annually, and upon termination:

(760 ILCS 5/11) (from Ch. 17, par. 1681)
Sec. 11. Accounts.
(a) Every trustee at least annually shall furnish to the beneficiaries then entitled to receive or receiving the income from the trust estate, or if none, then those beneficiaries eligible to have the benefit of the income from the trust estate a current account showing the receipts, disbursements and inventory of the trust estate. A current account shall be binding on the beneficiaries receiving the account and on such beneficiaries' heirs and assigns unless an action against the trustee is instituted by the beneficiary or such beneficiary's heirs and assigns within 3 years from the date the current account is furnished.
(b) Every trustee shall on termination of the trust furnish to the beneficiaries then entitled to distribution of the trust estate a final account for the period from the date of the last current account to the date of distribution showing the inventory of the trust estate, the receipts, disbursements and distributions and shall make available to such beneficiaries copies of prior accounts not theretofore furnished. Such final accounting shall be binding on the beneficiaries receiving the same and all persons claiming by or through them, unless an action against the trustee is instituted by the beneficiary or person claiming by or through him or her within 3 years from the date the final account is furnished.

That statute is here

The statute is silent as to the duty to provide the trust document to a beneficiary; however since a trustee is in a position of trust, and is a fiduciary, and therefore must exercise utmost good faith when dealing with beneficiaries, most courts will instruct a trustee to at least disclose that portion of the trust that is relevant to the beneficiary, as that is the only way to verify compliance.

A fiduciary duty means that the person in the fiduciary capacity owes a duty to the other person- and that the fiduciary must act in good faith, with the best intentions, to preserve any property that is at issue. Failure to act in this manner (essentially, a trust/guardian) is considered a "breach" and can result in:
1. removal of the fiduciary
2. sanctions (ie fines, award of attorney fees, etc)
3. damages (economic liability for the damages suffered by the party to whom the duty was owed)

Normally, if the trustee refuses to provide the relevant portion, the beneficiary can petition the court for an order directing the trustee to provide this information.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 9 months ago.

Checking to see how the above worked out for you.
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