How to Sue a Co-Trustee in Illinois
Trustees in Illinois act as fiduciaries in accordance with the State's legal guidelines. A lawsuit may be filed against a co-trustee if they are found to have contravened stipulated fiduciary laws in Illinois. This may also be in an attempt to recover damages incurred as a result of a breach of contractual law. If you feel that a co-trustee has violated the laws as a fiduciary, you need to file a lawsuit against them to recover the damages incurred. In the State of Illinois, one has the right to sue a co-trustee after finding out they have breached a contractual agreement. A suit against a co-trustee can be filed in Illinois once adequate proof has been prepared (see ref 1).
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Instructions
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1
Prepare legal proof to show a breach of contractual agreement to file a lawsuit. Establish valid reasons to inform a court in order to sue. Submit evidence indicating how a co-trustee willfully broke a contractual agreement through a legal attorney.
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2
Inform a court through a filed suit about suffered losses and damages arising out of the acts of the co-trustee being sued. Enlist an attorney to help in preparing evidence to back up the case. In accordance with Illinois legal guidelines, it is a criminal offense to give false evidence for a financial gain. This would attract severe legal punishment and dismissal of a filed suit. The actions committed by a co-trustee leading to a suit could be acts of omissions or commissions which could be unintended or on purpose (see ref 3).
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3
Calculate the monetary value of damages suffered. In accordance with Illinois legal guidelines, submit, before a court, a financial estimate of total damages suffered from the acts of a co-trustee being sued. This helps in determination of a probable compensation in the event a plaintiff wins the suit. Consult your attorney in preparing the quantified estimates to ensure they fall within acceptable legal provisions in Illinois. These estimates also help in convincing a jury of the extent of losses and damages suffered by a plaintiff.
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4
File a complaint with an Illinois court. Pay for respective filing fees charged by the court to pave way for a legal suit against a co-trustee. Seek assistance from your legal attorney if not conversant with Illinois legal processes.
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5
File a request for inspection where you are required to ask a co-trustee to provide documents which are directly involved with the case. This is referred to as a "discovery" process. A co-trustee being sued is required to provide a comprehensive and accurate account of all facts and information required in the case.
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6
Attend court hearings on scheduled dates until the legal suit is determined. During the hearings, show proof of culpability to the acts committed by the co-trustee and extent of damages suffered.
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