Tag: beneficiaries

Do Trust Beneficiaries Have Legal Rights in Illinois?

Posted May 22, 2022 by Law Office of Andrew Szocka

Trust beneficiaries have legal rights in Illinois to receive information related to the trust and to receive distributions from it. If you are a trust beneficiary, you may want to know more about your rights to ensure that the trustee is acting appropriately.

Trustee Fiduciary Duties

First, you should know that trustees have legal fiduciary duties to beneficiaries. These duties include:

  • The duty of loyalty to trust beneficiaries
  • The duty to act impartially, not favoring one beneficiary over another
  • The duty to exercise reasonable care, investing assets prudently
  • The duty to preserve property held in trust
  • The duty to account, keeping records for the trust
  • The duty to manage legal claims on behalf of or against the trust

Many of these duties translate into rights that beneficiaries have in relation to the trust. The two main rights that beneficiaries have are the right to information and the right to distributions.

The Right to Information

Beneficiaries have the right to receive certain information about the trust. The trustee needs to provide beneficiaries with an annual accounting describing payments and income of the trust. This requirement is waived only if the trust document says so or if the beneficiary declines to receive the accounting. Even so, the trustee might have to provide an accounting to the court later on.

In addition, the beneficiaries can request a copy of the trust document from the trustee. Trust documents are generally private and not filed with the court. To learn about how the trust works, the beneficiaries need to be able to receive a copy of the document.

The Right to Distributions

Beneficiaries have the right to receive distributions from the trust according to its terms. A trust may require distributions on a regular basis or may leave the distribution schedule up to the trustee’s discretion. If you believe that the trustee is wrongfully withholding distributions from you, you may have recourse in court.

Want to start planning your estate? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.

What Should You Do If Your Relative Chose You as His Trustee?

Posted May 22, 2022 by Law Office of Andrew Szocka

Not long ago, your relative told you that he chose you as the trustee of his trust. You are not sure what being a trustee means, and you don’t know what your responsibilities are. Maybe your relative is in poor health now or has recently passed away. What should you do?

  1. Find a Copy of the Trust Document

If your relative said that you are the trustee, then you are likely named in a trust document. This is a legal document explaining how the trust will run. You should ask your relative or whoever is handling his estate to give you a copy. If you cannot find a copy or your relatives refuse to hand it over, you may need a lawyer’s help or the help of the probate court to proceed.

  1. Read the Trust Document or Have a Lawyer Help

You will want to review the entire trust document to begin understanding your duties. The document should explain who benefits from the trust (the “beneficiaries”) and if you have any co-trustees or successor trustees. It will have more information about how the trust should run. In addition, you have legal obligations as a trustee that are not usually spelled out in the trust document. To understand these legal obligations, you may wish to have a consultation with a local lawyer who can help.

  1. Understand the Basics of a Trustee’s Duties

Trustees manage a trust’s assets for the benefit of beneficiaries. The trust creator (also called a “settlor”) transfers ownership of assets to you as trustee. Then you need to invest or take care of the assets. At appropriate times (often listed in the trust document), you make distributions of interest income, earnings, or principal from the assets to the beneficiaries.

Because you are holding onto the trust assets for someone else, you have a duty not to use the assets for your own self-interest. You also need to treat all the beneficiaries similarly, without favoring anyone. Your most important duty may be the duty to invest the assets prudently. This may require getting help from an investment professional.

Being a trustee can be a big job depending on the size and value of the trust’s assets. If you are ready to take it on, be sure to educate yourself about your many duties. Talking to a lawyer is always a good idea too.

Need help understanding your duties as a trustee? Local attorney Andrew Szocka, Esq. provides thorough and speedy estate planning help in the Chicagoland area. To schedule a free initial consultation, visit the Law Office of Andrew Szocka, P.C. online or call the office at (815) 455-8430.