Can beneficiaries listed in trust begin removing items from decedent's home immediately, if no debts need to be paid? 2 Answers as of March 15, 2016

The estate had no outstanding debts that can't be covered by the existing cash/savings. Trustees do not plan to hold a sale, except for items that aren't taken by the beneficiaries. Tangible personal property is to be distributed to beneficiaries as they agree. The trust states that if agreements can't be made for specific items within 60 days, trustees can make the final decision. One of the two co-trustees insists that nothing should leave the property for 60 days, and this trustee thinks that a list of every item should be made (with arbitrary exceptions that the other trustee does not agree to). The other trustee sees no need for either of these actions, particularly based on the terms of the trust document. Note that the decedent's legal children and stepchildren are the beneficiaries. Some specific family heirlooms have been taken by the beneficiaries, distributed to both sides of the blended family accordingly. One trustee, again, is resisting the removal of many other items, for the reasons listed above. The overall process has been slow since the decedent's death last month. One trustee, and several beneficiaries, would like to finish as quickly as possible.

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Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
There is no reason to delay distribution of the personal property. In fact, the trust directs that the beneficiaries divide up the personal property amongst themselves by agreement. Agreement on the distribution of personal property must be reached within 60 days. If agreement on the distribution of personal property cannot be reached within 60 days then the contingent method for distribution of the personal property is to be followed.
Answer Applies to: Illinois
Replied: 3/15/2016
Shimberg and Crohn, P.C. | Jonathan Shimberg
The trustee is in the driver's seat unless the trustee resigns. The actions may be unnecessary, but it is a discretionary act of the trustee.
Answer Applies to: Illinois
Replied: 3/15/2016
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