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Illinois Compiled Statutes

760 ILCS 3/811 (2026)

Enforcement and defense of claims

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(760 ILCS 3/811)
    Sec. 811. Enforcement and defense of claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. It may be reasonable for a trustee not to enforce a claim, not to defend an action, to settle an action, or to suffer a default, depending upon the likelihood of recovery and the cost of suit and enforcement.
(Source: P.A. 101-48, eff. 1-1-20.)

    
Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: In re Est. of Adames, 2020 IL App (1st) 190573, 178 N.E.3d 235.
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In re Est. of Adames, 2020 IL App (1st) 190573, 178 N.E.3d 235. “Accordingly, respondents argue that by enforcing the settlement agreement without Florey’s agreement, the circuit court essentially allowed Kyle to manage and make decisions with respect to the trust 8 Section 811 of the new Code, entitled “Enforcement and defense of claims,”…”
In re Est. of Adames, 2020 IL App (1st) 190573, 178 N.E.3d 235. “” 760 ILCS 3/811 (West Supp. 2019). - 16 - grandchildren until they attained the age of twenty-five years.”
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