Legal Question in Wills and Trusts in Illinois
My mother passed away. She had a will and a trust. The money in the trust went for her assisted living expenses. There is no property, car or money left. Do I have to file her will or trust somewhere.?
2 Answers from Attorneys
You should file the original will with the clerk of the court in the county where your mother resided on the date of her death. The filing requirement is imposed by Illinois statute, and there are criminal penalties for willfully failing to file a decedent's last will. There should be no fee for filing the will. By filing the will you will have fulfilled your duty and taken one more step toward closure. My sympathies on the loss of your mother.
I agree with Attorney Prihoda. Filing the will is mandatory. The facts you include in your question go to whether there is a need to open an estate and it sounds unlikely that there is a need to do so, but the will gets filed regardless.