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.?


Asked on 9/21/15, 1:38 pm

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

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.

Read more
Answered on 9/21/15, 2:33 pm
Henry Repay Law Offices of Henry Repay

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.

Read more
Answered on 9/22/15, 5:46 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois