Do I have a right to see how Mom's trust money is being spent in Illinois?

Written and reviewed by Dr. Pat Pachciarz® · Updated October 9, 2026 · Educational, not individual legal, tax or investment advice. Illinois law as of October 2026.

The short answer

It depends on whether Mom's trust can still be changed. While Mom is alive and her trust is revocable, Illinois law says the trustee works for her. If she still has capacity, the trustee's duties are owed only to her. If she doesn't, they're owed only to her and the current beneficiaries (760 ILCS 3/603). So a son or daughter who isn't a current beneficiary usually can't demand an accounting yet. Once the trust becomes irrevocable, usually after Mom passes, things change. Illinois requires the trustee to tell each qualified beneficiary the trust exists, that they can ask for a copy of the trust instrument, and whether they can get accountings. Accountings then go out at least once a year to current and presumptive remainder beneficiaries (760 ILCS 3/813.1). The calmest families don't wait for the law: they agree on one shared summary now.

One adult child on an online caregiving forum described a mother with dementia who has no idea how much her trust is spending on her own care. If that's your family, start here.

Why does this matter?

• Timing changes your rights. What you can ask for the day before the trust becomes irrevocable is different from the day after.
• Silence breeds suspicion. Most trustee fights are not about theft. They're about nobody seeing the same numbers.
• Some decisions can't be undone. Illinois' accounting section doesn't require a trustee to tell beneficiaries before a transaction happens (760 ILCS 3/813.1(j)). A house can be sold before anyone asks.
• Care costs drain trusts quietly. Without a projection, families learn the trust is running low only when it's almost gone.

How do I figure out what I can ask for?

1. Is the trust revocable or irrevocable today? Usually it stays revocable while Mom is alive, unless it was written otherwise.
2. Does Mom still have capacity? If yes, she decides what's shared (760 ILCS 3/603(b)). Ask her, gently, whether she'd like her children to see a summary.
3. Are you a current beneficiary? If Mom lacks capacity, the trustee's duties run to her and the current beneficiaries (603(c)). Most children are future, not current, beneficiaries.
4. After the trust is irrevocable, are you a qualified beneficiary? If so, expect the notice within about 90 days and a yearly accounting if you're a current or presumptive remainder beneficiary. You can also ask for a complete copy of the trust instrument (813.1(b)(6)).
5. Know the last resort. If a trustee breaks a duty owed to a beneficiary, an Illinois court can order the trustee to account, or more (760 ILCS 3/1001). Standing to challenge a trustee's actions while the trust is revocable is narrow (603(d)-(e)), so an attorney should advise first.

Who needs to be in the room?

The trustee holds the checkbook, the estate attorney knows the document, the CPA files the trust's and Mom's tax returns, and the siblings are guessing. That's a coordination problem, not a character problem.

• Illinois estate attorney: confirms whether the trust is revocable, who the beneficiaries are, and what the document says about reporting.
• Trustee: prepares the summary or accounting.
• CPA: lines up the trust's records with tax filings.
• Financial coordinator: turns the statements into one page every sibling can read.

How does DAITT® help with this?

1. Trust Planning

   Write a reporting schedule into the family plan: what gets shared, with whom, and how often.

2. Advanced Planning

   Project how long the trust lasts at today's care costs, so "chipping in" never comes as a surprise.

3. Private Wealth Investments

   Match the trust's investments to when the money will be needed for care.

See how coordination works in practice in Dr. Pat Pachciarz® on the coordination problem.

We explicitly show you our value, in writing, before you hire us. If we can't find it or explicitly show you, you don't pay.

What does a simple trust summary look like?

An illustration, not a client story. Say Mom's trust started the year at $400,000. A one-page monthly summary might show: income of $1,200 from interest and dividends, care costs of $7,500, household bills of $1,100, trustee and professional fees of $300, and an ending balance. At roughly $7,700 a month net, the family can see the trust covers about four years of care at today's costs. That single number heads off most of the "when Mom runs out of money" arguments before they start.

What should I do this week?

1. Find out, kindly, whether Mom's trust is still revocable and whether she can still make her own decisions.
2. Write your questions down with dates, so they read as questions, not accusations.
3. Propose one shared monthly summary for every sibling, framed as protecting the trustee too.
4. Ask for a family meeting with the estate attorney present.
5. Talk to an Illinois estate attorney before taking any legal step.

Book a Clarity Call or see your Leak Score

Related questions

Can a sibling demand a trust accounting while Mom is alive in Illinois?

Usually not. While Mom's trust is revocable and she has capacity, the trustee's duties are owed only to her (760 ILCS 3/603(b)). If she lacks capacity, the duties are owed to her and the current beneficiaries (603(c)). A child who isn't a current beneficiary generally has no right to an accounting yet.

What must an Illinois trustee share after the trust becomes irrevocable?

Under 760 ILCS 3/813.1, the trustee must tell each qualified beneficiary that the trust exists, about the right to request a copy of the trust instrument, and whether they can receive accountings, generally within 90 days. Accountings go at least once a year to current and presumptive remainder beneficiaries.

Does an Illinois trustee have to tell beneficiaries before selling trust property?

Not under the accounting section itself. 760 ILCS 3/813.1(j) says it doesn't require a trustee to inform beneficiaries in advance of trust transactions. The trust document may say more, so an estate attorney should read it.

Sources

• 760 ILCS 3/603: Settlor's powers (Illinois Trust Code)
• 760 ILCS 3/813.1: Duty to inform and account
• 760 ILCS 3/1001: Remedies for breach of trust

Who is Dr. Pat Pachciarz®?

Dr. Pat Pachciarz® is the Founder & CEO of The Pinnacle Group in Aurora, Illinois, and creator of the DAITT® Advisory Method. He is highly focused on the human connection in financial planning: how behavior and emotion shape money decisions. That focus is grounded in the Accredited Behavioral Finance Professional (ABFP®) designation he is pursuing. He is currently earning his Doctorate in Organizational Leadership at the University of St. Francis while simultaneously earning his Master's in Personal Financial Planning at the College for Financial Planning. A Certified Exit Planning Advisor (CEPA®), he coordinates each client's banker, CPA, attorneys and advisors into one clear plan.

More answers

• The trustee won't pay me for caring for Mom. What can I do in Illinois?
• My sibling has power of attorney for Mom. Can I see her bank records?
• Caregiving for aging parents: money, taxes and protecting your own future
• Trust planning and family governance: the trust, the assets and bringing the kids in
• Inheritance taxes: do I owe money on what I got left?
• Widowhood: money decisions in the first year after losing a spouse
• Pre-retirement planning at 55: trust planning first
• Tax strategy and tax filing for women in transition

Also see drpat.co, running your trust in Illinois and Trust & Estate Planning at The Pinnacle Group®.