Legal Question in Wills and Trusts in Illinois

My Childs Trust fund

My 7 year old daughter has a trust fund set up for her in Cook county Illinois. She cannot get any money until she turns 18. The trust was set up from a settlement I won against the city of chicago and the police dept. ( sued re: wrongful death of my husband.) I was told by my old attorney that I can go in front of a judge and request EMERGENCY money out of her trust fund. I need to know the proccess of doing this. Do I need a lawyer or can I fill out paperwork and go to court by myself??? It is a TRUE EMERGENCY!!! F.Y.I. My name is nowhere on the trust.


Asked on 1/18/07, 2:05 pm

1 Answer from Attorneys

Re: My Childs Trust fund

A trust document is like a contract. Most of what you can and can't do under the terms of the trust can be found within it. However, there are also laws that govern trusts in the state of Illinois that may not be directly stated in the trust document.

Without reading the trust, it is impossible to give you an answer to your question. Most trusts contain language that allows a distribution to be made to the beneficiary (in this case, your daughter) for certain reasons (e.g., medical is usually included).

Usually you would go to the trustee before you would have to take the matter to court. Have you contacted that person (or corporate trustee)?

You need to have an estate planning or probate attorney review the trust document for you. Although you can appear in court yourself, you have to petition the court for a distribution, and without knowing what to base it on, the court will not allow it. Trust law is a complex area, and I strongly advise you to consult with such as attorney.

If you would like assistance on this matter, please feel free to contact me to discuss it.

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Answered on 1/18/07, 10:33 pm


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