Does a trust need to be registered in Illinois?

2 answers | Last updated: Dec 04, 2016
A fellow caregiver asked...

Does a trust need to be registered in Illinois?

Expert Answers

Barbara Repa, a senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Charitable trusts, which are generally established to help those in need, are subject to some registration requirements under Illinois law.

But I'm assuming you're referring to a living trust -- a document that acts much like a will to transfer ownership of property when a person dies.

A little more than two handfuls of states require that the trustee of a trust register it with the local court, but Illinois is not among them. And even in the states that do have registration provisions -- including Alaska, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Missouri, North Dakota, and Ohio -- there do not appear to be any legal consequences or penalties beyond possible removal from the post if a trustee fails to register.

Community Answers

A fellow caregiver answered...

That answer is incorrect in relation to the state of Colorado. There is, indeed, a statutory provision for a penalty to be assessed against the Trustee personally. Always consult with a lawyer who is licensed to practice law in the applicable state and who is a specialist in that area of law--in this instance, that would be an estate planning lawyer in Illinois.