Q: My mother passed away with an irrevocable family trust. Under the terms I am the beneficiary. How do I get assets?

A: Hi there,

To start off, I'm really sorry to hear you're going through this. From what you say, it sounds like your father is wrongfully withholding/assets from you. I'd be happy to speak with you about some options, if you'd like to give me a call at (312)300-4743 or send me an email at sms@sexauerlaw.com.

Best,

Stephanie Sexauer

A: Your recourse is within two potential places.

The first place may be in the trust itself which may give you the right to remove the executor.

The second place is in the court of probate. The executor must follow the terms of the trust and can face harsh penalties for not doing so.

A: The term executor applies to probate and wills. From your question it sounds like your father has control over a probate estate and a trust. You need to review the Illinois Trust Act. Judicial proceedings and jurisdiction over disputes are identified in sections 201 and 202. The state:

(760 ILCS 3/Art. 2 heading)

Article 2. Judicial Proceedings.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/201)

Sec. 201. Role of court in administration of trusts.

(a) The court may adjudicate any matter arising in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

(b) A trust is not subject to continuing judicial supervision unless ordered by the court.

(c) A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/202)

Sec. 202. Jurisdiction over trustee and beneficiary.

(a) By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee is subject to the jurisdiction of the courts of this State regarding any matter involving the trust.

(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient personally submits to the jurisdiction of the courts of this State regarding any matter involving the trust.

(c) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section, may be made by personally serving the summons upon the defendant outside this State, as provided in the Code of Civil Procedure, with the same force and effect as though summons had been personally served within this State.

(d) This Section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

(Source: P.A. 101-48, eff. 1-1-20.)

(760 ILCS 3/203)

Sec. 203. (Reserved).

(Source: P.A. 101-48, eff. 1-1-20.)

If your father won't abide by the written terms and requirements of the will and the trust, then you need a court to intervene and make appropriate orders.