Legal Question in Wills and Trusts in Illinois

Re: Living Trust

The governing law is the law of the state where the decedent is domiciled. From your question, I am concerned that the testator is in Illinois, not WA and the laws may be similar or radically different.

I can speak for WA law, but I am not licensed in Il. You can contact the county Bar in any county there for a referral to a lawyer who can answer your question.

In order to be probated a will is filed with the court in the county where the probate is to occur, which is usually where the decedent lived and left property.

Wills can sometimes contain trust provisions for dealing with property to the benefit of the decedent's minor children.

If on the other hand the decedent left a trust instrument, that likely will not be filed with the state as there is no requirement (here) that be done. The great advantage of trusts is that they are not public record. Wills are.

Wills can be found by going to the clerk's office of the superior court in the relevant county and asking. many counties have these records on line. You can find state trial court websites at courts dot wa dot gov.

WIlls are not published and do not speak until the maker dies. Until then there are no heirs and thus no right to learn what the will says. You have to wait.

Trusts are private. If the grantor is dead, and you have a claim on the estate as a beneficiary, the first and simplest way to learn more is to ask the trustee.

Hope this helps. Powell

Re: Living Trust

No it is not. The trustee of the trust should provide the info to the beneficiaries. An heir is not necessarily a beneficiary of a trust though.