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I am the beneficiary of an Illinois Trust. The original

Customer Question
I am the beneficiary...

I am the beneficiary of an Illinois Trust. The original trust was revocable and the grantor/beneficiary passed away in August. The grantor was incapacitated for the last few years and she appointed a trustee. Do I have a right to see any of the trust information to see whether the trustee spent the money properly?

Lawyer's Assistant: What documents or supporting evidence do you have?

I received a copy of the Revocable Trust and a letter from the estate attorney that the trust became revocable. Have received a little information about the trust balance as of the date of death with commitment to supply the balance of the asset information when compiled (next few months)

Submitted: 10 months ago.Category: Estate Law
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Answered in 3 minutes by:
9/20/2017
Estate Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,030
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Do I have a right to see any of the trust information to see whether the trustee spent the money properly?

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Your rights to the trust information only become effective as of the time that the grantor passed and the trust became irrevocable. So from the date that the grantor passed, you are entitled to informaiton about the assets in the trust and what any expenditures are.

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But as for the time that the trust was revocable and the grantor was living, no, a beneficiary doesn't have a right to that financial information without a court order if they were suing the trust.

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thanks

Barrister

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Customer reply replied 10 months ago
There is no provision in the trust to see information. So, I am entitled to see the information when the trust became irrevocable?
Estate Lawyer: Barrister, Attorney replied 10 months ago

Correct, as a matter of law under the IL Trusts and Trustees Act, the trust can't be changed or amended once the last grantor passes so the revocable trust then becomes irrevocable and all beneficiaries' interests vest permanently. At that point, any beneficiary is legally entitled to request a copy of the trust, an "Inventory of Assets" and an "accounting" from the trustee that begins as of the date the last grantor passed. See (760 ILCS 5/) Trusts and Trustees Act.

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thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 10 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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