Legal Question in Wills and Trusts in Illinois

Re: Failure to file will

You shoul dgo to the county where the decedent died or was a resident of at the time of his death to get a copy of the will from the county clerk's office, if indeed the will was filed and there is a probate pending. No one shoul dsign anything unless and untill all of the facts are revealed and the wil has been inspected by all those who wish to see it.

Re: Failure to file will

Sure there is something you can do. Go to Probate Court Clerk's office in the county where the probate proceedings were filed and get a copy of the will. If there is a probate proceeding and if she is the Executor as opposed to the Administrator then there is a will and it is available for public viewing and you can also pay for a copy. But as an heir, if you are one, a copy of the will should have been given to you. You may need a lawyer to assist you in this endevor. Do not sign the release unless you have all the facts.

Re: Failure to file will

You might inform her that the failure, by a person in possession of will, to file that will with the Probate Clerk, is a misdemeanor and if she doesn't do so you'll inform the State's Attorney.

I assume you're saying she's the executor because she says it says so in will. A person isn't the executor until appointed by court, which requires notice to heirs.

You seem to be describing a situation where she's taking no court action.

You have the right to open a probate estate, and have someone else appointed executor on the grounds she isn't acting, then do a citation to recover assets.

BUT -- do you know there's anything there? He may have had everything in joint tenancy and she's offering what she doesn't have to give you.

I'd reiterate a demand for not only a copy of the will but an accounting -- a list of all assets. Then if she won't do it you should consult an attorney and evaluate whether it's worth the cost of going forward.