Legal Question in Wills and Trusts in Illinois

My late father's original will was lost. I have copies, but they don't count. What can my sister, who has power of attorney do?


Asked on 7/21/16, 11:15 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

I am sorry for your loss. Initially, when you say "lost," what do you mean? Is it clear that it is lost, clear that it was in someone's possession and that it no longer can be found? Is it possible your father's attorney maintained the original? Is it possible that someone that had access to it is secreting it? Has the Secretary of State will repository been searched?

The power of attorney expired with your father's passing, except, perhaps, for very limited purposes. It may present some evidence of who your father would have preferred to administer his estate, but the will copies may as well. You can try to make an argument for the admission of the copy of the will, but if opposed it would be extremely rare to succeed (particularly if the original was in your father's possession).

You need to review the entire background in a consultation as the scope of this space will not allow a sufficient answer. Also, posting too much information is not advised.

Read more
Answered on 7/21/16, 11:26 am


Related Questions & Answers

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