Legal Question in Wills and Trusts in Illinois

Ask your sister for a copy of the Will. If she has the original Will, and is named as Executor, she has the duty to file it with the approprate County authorities. If she resists doing so, she could be found guilty of a felony. You can either get a copy of the Will from her or from the County after she files it.

If you do not want to be a co-executor, you do not have to act as one. You might want to ask an attorney to help you make that fact clearly known.

If you do want to act, then your responsibilities will depend on the County that you live in and the nature of the assets in your father's Estate. Generally, you would be responsible for gathering the assets of the Estate, paying all just debts, and distributing the remainder according to your father's Will. However, you may also be responsible for performing many other tasks depending on the circumstances. Feel free to give me a call. I'd be happy to discuss this further with you.

I am sorry for the tragic circumstances of your father's death.

You and your sister may need to open a probate estate in the County in which you live. I say "may" because you did not mention what, if anything, he owned at the time of his death. If he owned anything at all, his estate needs to be administered, even if he didn't have a will.

I recommend that you and your sister schedule an initial estate settlement consultation with an attorney who specializes in estate planning and estate administration. If for any reason your sister will not cooperate then you need to do this on your own for your own protection.

You are welcome to visit my website at: www.legacylaws.com.