The short answer
What Illinois families should know.
If you believe assets are missing, begin with a documented discrepancy rather than an accusation. Identify the account, transaction, income source, or ownership interest that does not fit the records. Illinois discovery rules provide tools for obtaining relevant financial information while allowing the court to address burden, privilege, and appropriate limits.
Build a reliable starting inventory
List known bank and investment accounts, retirement plans, real estate, business interests, valuable personal property, and debts. Compare tax returns, financial statements, loan applications, and account transfers for inconsistent information. A transfer to an unfamiliar institution may identify an account worth investigating, but it may also have an ordinary explanation. Record the amount, date, source, and missing destination so counsel can frame a precise request.
Use discovery to close specific gaps
Supreme Court Rule 201 governs discovery of relevant, nonprivileged information and permits protective limitations. Counsel can select document requests, written questions, depositions, or appropriate third-party process depending on the gap. A focused request for the receiving account’s statements is generally easier to evaluate than a demand for every record held by every relative. Explain why the requested material connects to the disputed financial issue.
Distinguish missing information from missing money
An incomplete statement period, unexplained withdrawal, and inaccurate account balance are different problems. Reconcile opening and closing balances, identify transfers between disclosed accounts, and account for ordinary expenses. Avoid counting the same funds twice. Where a business or complex investment is involved, a qualified financial professional may help trace transactions and identify records that are necessary to test competing explanations.
Preserve evidence without creating another dispute
Keep complete records lawfully available to you and explain their source to counsel. Do not enter private accounts without authority, alter statements, or ask someone to destroy inconvenient material. If your own disclosure is incomplete, correct it promptly through the proper process. The objective is a complete and accurate financial record that supports the requested court decision, not a contest over who can conceal or obtain the most information.
Prepare
Useful next steps
- Create an asset inventory and a list of specific discrepancies.
- Preserve complete statements and transaction references.
- Identify the missing record that would resolve each question.
Avoid
Common missteps
- Treating every unfamiliar transaction as proof of concealment.
- Hiding your own assets or using unauthorized account access.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.