Q: Illinois: Does heir-at-law (child) who is NOT trust beneficiary have right to copy of trust after grantor (parent) dies?
Does ILLINOIS probate code allow hier-at-law —who is NOT listed as trust beneficiary— to request copy of trust after grantor dies and trust becomes irrevocable? Reason, hier-at-law suspects undue influence or improper circumstances on trust creation or amendments which removed the hier-at-law as beneficiary. Comparatively under California probate code, a trustee has legal duty to provide terms of trust to anyone mentioned in trust as beneficiary AND also to the heirs at law who are not beneficiaries. Therefore, heirs at law can assess if there may be reason to complain. Curious to compare the rights of hiers at law in regards the trusts among different states.
A: In Illinois trusts are regulated by the Illinois Trusts and Trustees Act (see: 760 ILCS 5/1). There is no statutory provision in the Trusts and Trustees Act that gives the trustee a specific time period in which to provide a copy of the trust to a beneficiary. It also depends on the type of beneficiary making the request. Income beneficiaries are different than remainder beneficiaries and so are the fiduciary duties incumbent on the trustee.
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