Section 7-3.5. Rights of creditors to obtain information concerning


Latest version.
  • beneficiaries
        (a) Any person who has furnished necessaries to a beneficiary  of  any
      trust  may  apply  to  the court having jurisdiction of the trust for an
      order directing the trustee thereof to furnish to the applicant the true
      and full name and residence address of any such beneficiary. As used  in
      this  section, the term "necessaries" means goods furnished and services
      performed suitable to the condition in life of the person to  whom  they
      are  furnished  or  for whose benefit they are performed, and which meet
      his actual needs at the time such necessaries are provided.
        (b) The application shall be made by a verified petition which  states
      (1) the name and address of petitioner, (2) the nature and extent of the
      necessaries provided, (3) the person by whom and the circumstances under
      which  they were provided, (4) the amount of the indebtedness claimed to
      exist, (5) the name of the person to whom  or  for  whose  benefit  such
      necessaries  were  provided, (6) a description of the trust of which the
      person to whom such necessaries were provided is a beneficiary  and  (7)
      the name of the trustee administering such trust.
        (c)  Such  petition shall also show the efforts made by the petitioner
      to locate the beneficiary and that more than ten days have elapsed since
      petitioner requested in writing that the trustee furnish the address  of
      any such beneficiary. The petition may contain such other information as
      is relevant to the inquiry.
        (d) The proceeding may be initiated by citation or order to show cause
      served  on  the trustee personally or in such manner and at such time as
      the court may direct. A copy of the petition shall be  served  with  the
      process.
        (e)  Upon  the  return of the process the court, if satisfied that the
      allegations of the petition are true and that the petitioner is entitled
      to the relief sought, may make an order directing the trustee to furnish
      to petitioner the true and  full  name  and  residence  address  of  any
      beneficiary  to  whom  necessaries  were provided. The order may fix the
      time within which such name and address shall be furnished.  Failure  to
      comply with an order so made shall be punishable as a contempt of court.