Legal Question in Wills and Trusts in Illinois
Father died and left everything to one child.......supposedly?
My father-in-law recently passed away. My wife (who was legally adopted) was not invited to the will reading, nor did she know it even took place. When all was said and done, her sister (natural born child) was left his house, a new Truck, and a new car ( all paid for by insurance) while my wife was supposedly left nothing. We also do not know if there was any monies left. After about a month, my wife was told that her dad did leave her a car (which was actually her sisters car previously), but they waited quite a long time to mention it. Now we are suspicious! Is there any legal basis to obtain a copy of the will and or is my wife entitled to anything else even if she was not mentioned in the will? Also, this happened in Illinois.
3 Answers from Attorneys
Re: Father died and left everything to one child.......supposedly?
The will is supposed to be filed within 30 days of the death.
No law requires a formal reading of the will. this is only on TV and in the movies.
If no will was filed, a crime may have been committed.
Alternatively you could open up a probate estate.
email me if you have any questions
Re: Father died and left everything to one child.......supposedly?
Anyone is entitled to see a copy of the Will. Check with the clerk of court in the county where he lived to find out if it has been filed and how to obtain a copy.
Re: Father died and left everything to one child.......supposedly?
It is not hard to get a copy of the will. You will probably also need, however, documents such as life insurance policies and documents like that. The probate attorney or administrator will have that information. If they are not helpful, you can ask my firm to make a call and we usually get the information pretty easily. Attorney's often are more responsive to another attorney.
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