Perhaps I shall rephrase this..

[Guardianhelp]

We are in Illinois.I am guardian to an 7 year old child. Her father passed away suddenly. He did have the foresight to have a trust and I assume a will although as of today no estate has been opened with the court (its been about 70 days since the date of death). He left his son from a previous marriage (who is 19) as the executor and trustee. All money is to be divided between the two children. The trustee (19yo) has not shared any information thus far. The house is paid off by mortgage insurance and there is substantial money in a retirement plan. Since he has not shared any information with me whatsoever i am wondering what kind of information I can now request from him since I am not offically the guardian of his half-sister. Personally I am very nervous that a 19 yo may possibly be making decisions about his sister's portion of the inheritance. There is an ample amount of inheritance and she could be set for life if the proper decisions are made. Can anything be done to either have him removed as trustee? Shouldnt the will have been posted and if so and it hasnt is this legal grounds? Or should be concerned that since it is not posted that he is considering contesting the trust? Getting nervous...........and could use all the advice I can get. This is getting expense on my end........as I had to post bond on the estimated inheritance and getting very little from social security.
Please help.......and thank you so much in advance for your input.

 

[dmode101]

As I opined in a previous post, you can try to petition the court to have the 19 year old removed as trustee, but you will need to show some cause for removal. Have you seen the trust document and do you know what the terms are? You may have a right to a copy of the document. As far as the wil goes, it should have been 'filed', but if all assets are titled in, or payable to, the trust, then probate will not be necessary.

 

[Guardianhelp]

another question or two

So I can petition the court if I have just cause...can you define what just cause would be? What exactly would be my basis as I feel that the age factor would only play a very small part in convincing a judge.

And if all is titled to the trust then nothing would need to be posted in the court? I am surprised at that. I was told to be checking with the court to see if an estate was opened...now I am wondering why I am doing so...

Thank again for your last reply..