Legal Question in Wills and Trusts in Illinois

If your father (1) did not have a Will, and (2) has two children -- you are probably entitled to a fourth of his assets (after debts and expenses). (If he outlived his last wife, you are likely entitled to half.)

If your father had a Will, any person in possession of it is obligated to record it with the County where your father lived (in most circumstances). As a first step, check with the clerk of the appropriate County to see if it has been recorded. If so, you can purchase a copy.

If that Will gives assets to a Trust, you must also speak with the Trustee or his attorney about what, if anything, was left to you (since Trust documents are not filed with the County). Since clients usually purchase their Will and Trust from the same attorney, the Will will likely point you to the appropriate attorney.

If the clerk does not have a Will, and if you do not have access to his residence to try to find the Will, and if no person can inform you as to whether there was a Will or Trust (e.g., his last wife) then you can file a Petition to become the Administrator of your father's Estate. This will give you the power to search for the Will, if any, and grant you access to all of your father's assets.

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