Legal Question in Wills and Trusts in Illinois

looking for lost will

Mom died yesterday, unexpectedly. Can't locate will. Attorney she had when it was written has died. Attorney now in that office has no info about a will for her, no info on where it might have been sent or put, did not have a relationship with her. I know it exists as I was with her one time when she went to make a change, saw it before, and know I am executor. Without it, I am being told by the funeral home that I can't do much. My brother and I are in disagreement about something that may be able to be resolved when we find it. We don't want to declare her intestate (sp?) and go through all that. Besides, we need it now. She gave me the contents of her safe deposit box a few years ago and never told me she had another one. The will is not among the papers she gave me. She also had living will, DNR, POA (me)for business. I don't have them either. These don't matter now (unless the POA extends past death, the funeral home is telling me), but I mention them in case it gives you an idea about where the will could be. How can I determine if another safe deposit box exists? Is there some way to find a copy of the will (a central storage place?) Please advise. Time is important, partly to save my brother and my relationshi


Asked on 4/29/06, 12:05 pm

1 Answer from Attorneys
Amil Alkass LAVELLE LAW, LTD

Re: looking for lost will

Typically, when an attorney drafts a will for a client, the attorney will retain a copy of the will in his/her file. However, certain attorneys will have their client retain copies of the will and will advise their clients to make copies and store them in safe locations (i.e. safe deposit boxes, safes, etc.) It is important that a client make family members aware that a Will exists and should also inform them where it is safely located so situations like this do not occur. I would contact the attorney who drafted the will and see whether he/she has an executed (signed and witnessed) copy of the will. You may need to search for bank records in your mother's home, etc. to see where she may have any bank accounts, and ask that particular bank location whether a safe deposit box was ever opened. Wills unfortunately are not stored in a central location since a will not be filed with the court until the persons dies and the estate is opened.

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Answered on 4/29/06, 1:22 pm


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