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What are the remedies when a trustee breaches their duty? 

Your deceased loved one took all the proper steps when planning their estate. They left a valid will and one or more trusts behind to provide for you and other family members. They also likely thought long and hard about choosing a trustee, but that does not mean their chosen fiduciary will comply.

A breach of the trust your loved one so carefully created is often an egregious act that you may want to address legally. Doing so ensures that your family member’s final wishes will be fulfilled.

Legal remedies according to Illinois law

Most trustees in the Chicago region strive to meet the needs of both the deceased and their beneficiaries. However, there are occasions when the trustee fails, and a breach of trust occurs. Below are several of the legal remedies available to state courts on behalf of trust beneficiaries:

  • Compel or order a trustee to complete their duties
  • Order a trustee not to commit a breach of the trust
  • Compel a trustee to pay, restore property or otherwise correct their violation
  • Appoint a different fiduciary to take over the trust property and administer the trust itself
  • Suspend or remove a trustee from their duties
  • Deny or reduce the compensation a trustee would otherwise receive
  • Legally void some acts made by a trustee

When a breach of your loved one’s trust occurs, the trustee must make it right. In many cases, this means that they will be liable for the losses suffered by you and other beneficiaries.

If you suspect a breach of trust has occurred, consider familiarizing yourself with the Illinois probate and estate administration laws. That way, you can rest easy knowing that your family member’s final wishes come true.

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