An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.
Illinois Petition to Require Accounting from Testamentary Trustee
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FAQ
In Illinois, if the deceased left a valid will, then its executor must provide a full accounting of the estate, including how the assets are distributed. The executor must also be able to produce complete estate accounting to any legitimate interested party or person.
Trust funds are legal arrangements that allow individuals to place assets in a special account to benefit another person or entity. Trust funds can be complex and often require the assistance of an attorney to set up, though there are online tools for the do-it-yourselfer.
You can easily have more than one trust if you so choose. Factors and reasons to create more than one trusts depend on your situation. Any person can create an unlimited number of trusts. A large majority of people may be looking into a revocable living trust.
The duty to account is a legal obligation that requires trustees to provide an accurate and complete report of the trust's activities. This includes any transactions or distributions made from the trust, any income or receipts earned by the trust, as well as any fees or expenses incurred.
808. Directed trusts. more persons given authority by the trust instrument to direct, consent to, veto, or otherwise exercise all or any portion of the distribution powers and discretions of the trust, including, but not limited to, authority to make discretionary distribution of income or principal.
Next Steps If a Trustee Refuses Accounting Duties Your trust and probate attorney files a petition to compel the trustee to carry out their accounting duties. The court issues a citation to your trustee mandating them to appear in court on a specified hearing date.
A beneficiary can force the passing of accounts by obtaining a Court order, A passing of accounts is legally required under certain circumstances, or. An estate trustee can voluntarily apply to Court for a passing of accounts.
Section 813.1. Duty to inform and account; trusts irrevocable and trustees accepting appointment after effective date of Code. Section 813.1 contains the ITC version of UTC Section 813, and provides rules for trustee notices and accountings for trusts becoming irrevocable after the effective date of the code.
