Illinois Compiled Statutes 760 ILCS 5 Trusts and Trustees Act. Section 13

    (760 ILCS 5/13) (from Ch. 17, par. 1683)

    Sec. 13. Vacancy - Successor Trustee. In the event of the death, resignation, refusal or inability to act of any trustee:

    (1) the remaining trustee, if any, shall continue to act, with all the rights, powers and duties, of all of the trustees; or

    (2) if there is no remaining trustee, a successor trustee may be appointed by a majority in interest of the beneficiaries then entitled to receive the income from the trust estate or, if the interests of the income beneficiaries are indefinite, by a majority in number of the beneficiaries then eligible to have the benefit of the income of the trust estate, by an instrument in writing delivered to the successor, who shall become a successor trustee upon written acceptance of the appointment, but no beneficiary who is appointed as a successor trustee shall have any discretion to determine the propriety or amount of any distribution of income or principal to himself or to any person to whom he is legally obligated.

(Source: P.A. 78-625.)

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Last modified: February 18, 2015