Legal Question in Wills and Trusts in Illinois

Your question doesn't make any sense. You are saying that she left everything to her sister but it sounds more like the sister was to be the Executor of the Will and that you and your sibs were to share the Estate but without seeing the Will, I can't be certain. Under Illinois law, the Executor is supposed to file the Will with the Court within 30 days of the death. This doesn't always happen but the Will should be filed as soon as possible and an Estate opened. If your Aunt isn't going to do this, you and your sibs should open a Probate Estate without the Will and inform the court that your Aunt has the Will and will not turn it over. The Court can then order her to do that. You hire an attorney, though, because probate law can be very complicated.

You need to obtain a true copy of the will and review it with an attorney. Your aunt has a legal duty to file the will with the clerk of the court in the county in which your mother lived. Please note that under Illinois law parents do not have a legal duty to provide any testamentary gift to a child or children. First question: what does the will really say (only a copy of the will will suffice to answer this one)? Second question: what did mom own on the date of her death, and how was title to those assets held? Start thinking about the answers to those questions and then visit your attorney of choice to discuss possible strategies.

As has been stated in the answers you have been given, the person in possession of the will must file it with the circuit court clerk within 30 days. So, as a first step, check with the circuit court for the county in which your mother resided. While you are at it, check for your father's will as well. As also stated, the filing of the will is often overlooked since few individuals know this requirement and some are willing to overlook it even at the risk of criminal prosecution. If you do not locate the will, I suggest you hire an attorney to send a letter promptly to point out the obligations to the person holding the will (it is unclear whether you are referring to your own sister or your aunt) and to seek to obtain cooperation. It is important that you do not let time pass because things get more difficult concerning identification of the assets and loss of relevant documents and information. If communication does not work, then anyone interested may open the estate, which, as you have been ably advised, gives you the forum in which to enforce production of the will and other information.

Concerning the will, it sounds like there is some confusion in what is stated--either in what you have been led to understand or possibly in the drafting of the will itself. So, it is important getting to the point where someone can interpret it for you or challenge it.

Bring both Wills to an attorney who has years of experience in probate. A Will Contest is an expensive endeavour that should not be entered into lightly. Feel free to call me for a free consultation.