Legal Question in Wills and Trusts in Illinois
My cousin passed away last year, but the executor will not show the family a copy of the will.
Can we go to court to a copy of the will?
2 Answers from Attorneys
Yes, the original Will must be filed with the county court within 30 days of death and is public record.
Manish C. Bhatia
Any person in possession of your cousin's Will is obligated to file it with the County where your cousin lived (in most circumstances). Feel free to purchase a copy of the Will once it is filed.
However, if that Will gives assets to a Trust, you must also speak with the Trustee or his attorney about what, if anything, was left to you (since Trust documents are not filed with the County). Since clients usually purchase their Will and Trust from the same attorney, the Will will likely point you to the appropriate attorney.
You can go to Court to demand a copy of the Will (if it has not yet been filed). It is tougher to get a copy of a Trust. Feel free to call me to discuss this further. I won't charge for the phone call.