Legal Question in Wills and Trusts in Illinois
If an attorney draws up a will and gives it to the client is he required to file it with anyone else(city/state)? Also if the attorney had a copy and is now deceased what happens to his client file?
1 Answer from Attorneys
The Will is not 'filed' anywhere when it is drawn up. The original would only been filed after the client's death by whomever is in possession of the original Will.
A deceased attorney may have transferred his practice to another attorney or the attorney's executor may have files. If the attorney had the only original Will, then it would be important to locate that. If he only had a copy, then the original should be obtained elsewhere.
It is also possible that the attorney or the attorney's executor filed the Will as an "orphan will" with the Secretary of State. That is a fairly new procedure, so it's unlikely, but you might check with the Secretary of State also.
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