Legal Question in Wills and Trusts in Illinois

Deceit on behalf of the Executor?

Deceit on behalf of the Executor in Illinois?

There has been questionable deceit regarding the death of my father, especially regarding notification to family members or anyone of my father's passing.

I have a life insurance policy that was left in my name, I was told by Executor/Trustee I could cash it in so I could pay for the funeral and be reimbursed, due to delay in receiving the policy monies I had to put up the title to my truck and am now being told by the Executor/Trustee that I can't cash in the policies to reimburse me for the loan/funeral.

1) I am confused on the Executor vs. Trustee aspect, I am listed as backup Executor, if I have the current Executor removed and become the Executor…could the current Executor remain the Trustee(?)

…so, what difference would having the current Executor removed make?

2) Most Important: Do I presently have a right to a copy of the Trust?

I am extremely concerned that the powers are being misused, that things will not be as my father intended and I feel that they have acted disrespectful not only towards my father, but towards the rest of the family too.

Any insight would be greatly appreciated!

Thank You for your time!


Asked on 3/09/02, 5:10 pm

2 Answers from Attorneys

Jay Goldenberg Jay S. Goldenberg

Re: Deceit on behalf of the Executor?

I'm afraid the information is unclear. You refer to "the trust" without telling anything about it. A million varieties are possible under the word "trust" so there's no automatic answer. Please give your understanding of the structure.

In general -- a beneficiary of a trust is entitled to a copy. As with many rights, to begin with you have to assert them (ask for a copy) and they may require court action to enforce.

If you are the beneficiary of an insurance policy, cashing it in & collecting the proceeds is between you and the insurance company. If you pay funeral bills you should then have a claim for reimbursement from the estate. Having an executor removed will not per se have any effect on who is trustee.

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Answered on 3/09/02, 6:19 pm
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Deceit on behalf of the Executor?

There is no requirement that you pay the funeral expenses. That is the responsibility of the trustee or executor if there is a probate, to pay from the residual estate. The insurance proceeds are yours as the beneficiary. It is outside the estate or trust. If you pay then you should file a claim against the executor for reimbursement.

Usually there is a will that "pours over" to the trust. I don't know if that is what you are referring to. In order to have an executor removed you must petitiion the court having jurisdiction of the probate and show cause as to why he or she shoulld be removed. That would have no effect on the trustee.

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Answered on 3/09/02, 7:29 pm


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