What Happens if Co-Trustees Disagree in Illinois? | Co-Trustee Disputes and Litigation

Video by Attorney Kevin O’Flaherty

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we answer the question, “what happens if co-trustees disagree in Illinois?” We explain the pros and cons of multiple trustees and co-trustee disputes and litigation in illinois. We also answer the question: “what happens if co-trustees are deadlocked in Illinois?”

A reader asked the following question (paraphrased):

I am a co-trustee with three other trustees. The trust document states property should be maintained for the enjoyment of beneficiaries. If three trustees do not want to repair a roof and one wants to repair the roof, what does Illinois Law say about that?

Pros and Cons of Multiple Trustees

If you are creating a trust, naming multiple trustees has the advantage of the trustees placing checks on one another. The idea is to preserve the status quo unless you have a majority agreement. Each trustee can oversee the others.

The downside to the multiple trustee strategy is that it adds an extra level of complication to managing your trust. For example, in order to engage in bank transactions or real estate closings, the trustees will often have to all be together in person to provide their signatures or otherwise provide for a proxy via power of attorney. This can be logistically…