Legal Question in Wills and Trusts in Illinois
Father's Will
My father died about 1.5 years ago from cancer. About one month before he died both, my mother and himself, went to see an attorney to have a will drawn up leaving everything to my mother, (according to her). She once mentioned that my father was considering leaving both, my sister and I, something but that she had talked him out of it because of the irresponsible ways my sister handles money. My father was so ill at the time that he couldn't even sign his name, he put an X instead. Supposedly, there is a letter to my sister from him in the security box but my mother refuses to let her see it. Since then, my mother has taken up with another man and is considering marriage. Although, she claims she would not marry this other man without a prenuptial agreement signed first, I am still rather concerned about the entire situation. Do we, as his children, have the right to view his will, and if he was so sick that he could not even sign his name does this mean he could have possibly been persuaded or coaxed into things he did not intend to do? Should I seek legal advice?
2 Answers from Attorneys
Re: Father's Will
The will controls. Your mother should have a pre-nuptual agreement and a will.
Re: Father's Will
By law, a will must be filed with the county in which a person died. Therefore, it is a public record and you may ask the probate clerk for a copy of it.
It is the responsibility of the executor to file the will, or if an attorney has the original, he/she is obligated to file it.
If you know the name of the attorney who drafted the will, he would be a good person to make inquiry of. If he doesn't have the original, he will at least have a copy or a draft for your review.
On the other hand, if you find out that the will has not been filed, then I would suggest you consult an attorney to discuss your rights.
If there was no will at the time of your father's death, then you and your sister would most likely be entitled to half of the estate.
Good luck to you.
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