Legal Question in Wills and Trusts in Illinois

Examination of Deceased File from Attorney

After my uncles death, several Wills and Codicils were dicovered. The Will that is said to be his last, is so different from the Wills prior in that all heirs were eliminated except one. We are contesting the Will, but need to know what discovery method we would use to examine my late uncles file from the attorney who drew up the Wills. The attorney has been removed because he is a witness to more than just the Will. I have requested the documents of orignial drafts from the attorney who drew up the Will and also from the attorneys who handle the estate now using rule 214, only to be informed by both that they are not a party.


Asked on 9/29/08, 12:50 am

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Examination of Deceased File from Attorney

If they won't comply with reasonable requests then you can file a citation for discovery and recovery assets. It doesn't matter if they are not a party. If they hold documents belonging to the estate then they have to turn them over.

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Answered on 9/29/08, 1:04 am


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