Legal Question in Wills and Trusts in Illinois

My grandfather passed away some time ago, all assets were distributed and the will closed. How do I find a copy of it to see if it was done correctly? I feel my family is hiding something and dont want me to find out?


Asked on 1/08/11, 9:15 am

1 Answer from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

The Will is a public document and a copy may be purchased at the County where your grandfather's Estate was probated. Similarly, various documents regarding the administration of the Estate may have been filed with the Court. Feel free to get copies and see for yourself.

However, if that Will gives assets to a Trust, and if your gift came from a Trust -- you need to speak with the Trustee or his attorney (since Trust documents are not filed with the County).

If you believe that you were entitled to a specific item or amount, request to see the document that created such gift. The attorney for the Estate will still likely oblige you on this, even though administration has ended.

If you believe that you were entitled to a percentage of your grandfather's assets, request to see a similar document and an "Account" of all income to and disbursements from the Estate so that you can see how your share was arrived at. Success on this, particularly since the administration has ended, may be easy or difficult depending on a variety of circumstances.

If you believe that you were entitled to nothing, and that another family member (e.g. your parent) was entitled to something, the Trustee and his attorney probably will not talk to you unless that family member is disabled and you show that you can act on his/her behalf.

Feel free to call me to discuss this further. I won't charge for the phone call.

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Answered on 1/13/11, 10:01 am


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