Legal Question in Wills and Trusts in Illinois

IL laws on missing /destroyed Will

what can be done in the state of IL to recover (or have someone admit to destroying/hiding) a will? we have a receipt from a lawyer asking him to get previous Wills made in 1992 by a named lawyer who made the Wills. we believe that a sibling destroyed or is hiding our parents Wills. parents are both deceased. Named lawyer on receipt claims he does not have Wills - but we believe sibling got to him first and they are both lying! A will from 1979 was recorded with the county- but we know for sure that another Will was made in 1992!! what actions can be done??? Please help!!


Asked on 7/18/09, 5:05 pm

2 Answers from Attorneys
Laura McFarland-Taylor Law Office of Laura McFarland-Taylor

Re: IL laws on missing /destroyed Will

It is unlikely the lawyer is lying - most lawyers who do estate planning do not keep the originals or copies of the wills they draft.

Read more
Answered on 7/19/09, 11:01 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Re: IL laws on missing /destroyed Will

It is unlikely that your parents' lawyer is lying. Such a lie could bring disasterous, personal consequences to the lawyer if an ethical investigation were initiated and the lawyer was found to have actually lied. In my experience, many attorneys who practice in this area will keep copies (but not originals) of estate planning documents. Ask the lawyer if he has any copies.

The 1979 Will might be invalidated by the 1992 Will, even if a copy of it cannot be presently found. I encourage you to talk to a lawyer about this. Many lawyers, including myself, will give you a free consulation about this kind of an issue.

Read more
Answered on 7/20/09, 10:01 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois