Legal Question in Wills and Trusts in Illinois
my grandfather passed away in july of 2005 and i caanot find any info on his will? my grandmother has since passed away in 2010 and had a will filed with the county clerk, however my granfather's will was never filed? how can i find out the attorney/witnesses who legalized his will?
2 Answers from Attorneys
You probably can't without a Will. In fact, Gramps may not have had a Will and most likely if he did, he left everything to your Grandmother. The real question is why do you want to know?
First, I would check with the firm that prepared your grandmother's will. There is a good chance that your grandparents have been using the same firm or, if your grandmother only recently used this firm, perhaps the attorneys have notes from their appointment with your grandmother in which she may have provided some background. Next, the places to check for wills include: safe deposit boxes maintained at financial institutions; other law firms for which you have any indication of contact (perhaps correspondence on another matter a business card in your grandparents desk); children or other relatives; and, file cabinets, fireproof boxes or other places where your grandparents kept documents.
Next, unless you have reason to believe there was a will, consider that there may not have been one. Even if there was a will, an attorney may consider it unimportant in that, more likely than not, assets passed to your grandmother at your grandfather's death.
An attorney should really consider the entire situation and at least the will you have available, but the above should get you started. I wish you the best in resolving any issues.