Legal Question in Wills and Trusts in Illinois

The Trust Agreement(TA) was notarized in AK., while I, the beneficiary, + my mother, the Successor Trustee, reside in Il. She received inheritance in Oct. but due to toxic relationship, has stalled on dispensing the 10% that TA(the only document I have) says I'm entitled to.

?#1: What, if any, rights do I have to view/have access to Will to verify possible conditions I must meet?

?#2: Am I legally entitled to a physical copy of Will for my records, in case I have to take her to court?

?#3: Is it legally possible that the Will could have given her vague, undefined, all encompassing discretionary authority, as she claims, as opposed to specific conditions, that once I comply with, she would be legally bound to dispense my share?


Asked on 3/19/16, 1:48 pm

3 Answers from Attorneys

Everything (all rights and obligations) is set forth in the trust document. If you are a named beneficiary you have a right to request and see the document.

You should discuss this further with an estate planning attorney.

If you need assistance please feel free to contact me.

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Answered on 3/19/16, 3:32 pm
Michael R. Nack Michael R. Nack, Attorney at Law

If the Will was filed in Court, it is a public record. You can obtain a copy from the Court. Not so with the Trust document. You may be entitled to legal relief from the Court in certain situations. Consult with an attorney.

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Answered on 3/19/16, 3:37 pm
Virginia Prihoda Law Offices of Virginia Prihoda

The will should be a public document, filed in the court where the decedent was domiciled on the date of the decedent's death. It is very likely that the will states that all dispositions are to be made according to the terms of the trust. The will would serve as a tool to make sure any property not placed into the trust is distributed according to the terms of the trust. You should ask the trustee (who is presumably but not certainly also the executor), in writing, sent by Certified Mail and also by regular mail, for a copy of the trust and the will. Then, when you don't get it, go to a lawyer. But before you invest too much time and money in pursuing this case, ask yourself, 10% of what? Pursuing this matter may cost more than you would gain if you are successful.

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Answered on 3/19/16, 9:40 pm


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