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Certifying a trust

On Behalf of | Dec 27, 2017 | Trusts |

Assuming the role of trustee at the request of a family member, friend or associate in Mokena is an awesome responsibility. By doing so, you become inextricably linked to all interested parties to the trust through the duration of time that it remains in effect. Many of those that we here at Zapolis & Associates, P.C. have worked with in the past can attest to the fact that such parties will certainly have plenty of questions for you. The first one is likely to be how you can verify that the settlor did indeed create the trust in the first place. 

The easy answer would be to present the actual trust instrument. Typically, trust beneficiaries are entitled to see it. Yet there may be instances where the settlor is uncomfortable disclosing the full amount of his or her wealth to others. Thus, he or she may prohibit you from doing that. Fortunately, the law offers other methods through which you can certify a trust. According to Section 8.5 of the Illinois Trusts and Trustees Act, you need only provide parties other than beneficiaries with the following information: 

  • A statement verifying the existence of the trust and the date it was executed
  • The identity of the trust settlor
  • Your identity and address (along with those of any co-trustees)
  • The powers the trust has afforded to you
  • The trust’s taxpayer identification number

You must also share whether the trust is amenable or revocable, and who has the authority to revoke it, as well as whether you and other co-trustees are required to jointly exercise the powers of the trust. Finally, you also have to describe the method the trust provides for taking title of trust property. 

More information of the requirements of a trustee can be found by continuing to explore our site.