Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
The Steps Needed to Establish a Trust Include: Determining the type of trust you need. Take inventory of your investments, assets, and property. Select a trustee (the person who manages the trust). Have a lawyer draft your trust document. Sign your trust with a notary present who will notarize it.
Corporate bylaws are legally required in Illinois. Illinois statute §805 ILCS 5/2.20 requires that bylaws be adopted either by shareholders at the first shareholder meeting or by directors at the initial director meeting.
While it is possible to set up a trust on your own, it's highly recommended to seek the guidance of a legal professional who focuses in estate planning and trusts. They can help ensure that your trust is properly drafted and executed ing to Illinois state laws.
Do I need to file or record my trust anywhere? Not in Illinois. Some other states may have different requirements, but one of the principal advantages of a living trust is privacy. Unlike a Will, which must be made public record after you die, a trust remains private and is not filed or recorded.
The new trust law in Illinois allows the creation of "silent trusts," which prevent trustees from disclosing trust details to beneficiaries until they reach age 30.
Trust documents are generally private and not filed with the court. To learn about how the trust works, the beneficiaries need to be able to receive a copy of the document.
A trust is a legal entity that allows individuals to separate their assets and property for specific purposes, often to benefit themselves or others. A trust involves three primary parties: the grantor (also called the settlor or trustor), the trustee and the beneficiary.
To be valid in Illinois, surprisingly, a Living Trust does not need to be witnessed or notarized. However, it is not a wise practice. The Illinois Trust Code requires that the Trust creator intends to create a Trust, has legal capacity, and names a beneficiary who is not the creator.