Legal Question in Wills and Trusts in Illinois

can a preliminary will be made official after a person is deceased?

does the widow have to release it, my brother thought his will was official

is there a way to legally make her release a copy to me, my attorney asked for it but they refuse. my brother said he was leaving me our deceased dad's tractor and some other things, she says she's keeping everything. what can i do? he was of sound mine he had cancer for 9 years of the lungs, when they told him there was nothing more they could do he went to a attorney in may 2009 he thought his will was complete can this attorney be sued for neglience or something this attorney knew my brother was close to death


Asked on 10/29/09, 12:09 pm

1 Answer from Attorneys

In Illinois, a Will must be executed and witness in a manner that complies with the statutes.

Although the document you are referencing is an indication of your brother's intent, unless it is formally executed, it is not a Will.

Without a Will, a person's estate will pass to his spouse, and his children.

With regard to your father's tractor, I would suggest you review your situation with a probate attorney.

Good luck to you.

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Answered on 11/04/09, 11:46 am


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