Legal Question in Wills and Trusts in Illinois
Hello, my father recently passed, I have all of his legal docs as of 4-30-09. At that time, I and my three siblings were benificiaries. Now I am being told, that as of 5-30-09, the trust and will had been changed, however, the"stepmother" of only 3 years, and her attorney are telling me that there is no money in the estate, ( approx. $900,000.00 as of 4-30-09) and will not provide a copy of the trust. My question is, do I have tyhe legal right to see the docs, and how do I go about getting them.
2 Answers from Attorneys
It is possible that your father moved the assets from the trust to joint ownership with your stepmother. This would take the assets out of the trust and not subject to the will. You could ask the stepmother (in writing, certified mail) for a copy of the new trust and will and an inventory of the estate. It would have more force if you hired a competent probate attorney
Patrick Crotty
Oak Brook, IL
Any person in possession of your father's Will is obligated to record it with the County where your father lived (in most circumstances). Feel free to purchase a copy of the Will once it is recorded.
However, if that Will gives assets to a Trust, you must also speak with the Trustee, the Trustee's attorney or your father's 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 attorney who drafted the Trust (if different from your stepmother's present attorney).
If a bequest was left to you by Trust, you should at least be able to see the language that describes your father's last gift to you. The best way to handle your stepmother's attorney is to hire an attorney of your own.
Feel free to call me to discuss this further. I won't charge for the phone call.
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