Legal Question in Wills and Trusts in Illinois
Mothers Will
My mother passed away on 3-13-05. I have 2 brothers and 1 sister.I'm the oldest, my youngest brother lived with and cared for my mother and had power of attorney over all business and I do believe he was executor of the will. Before the fight that I had with the brother that lived with my mother, I read the will saying that everything was split evenly between us 4 siblings. I have heard nothing since the fight, Can my brother, somehow, get everything in the will? I do not even know the lawyers name, Am I suppose to be doing something or do I just wait? Please advise!! Can he put a legal notice in the paper, and if nobody responds, is everything his?
1 Answer from Attorneys
Re: Mothers Will
One of the first responsibilities of the executor is to file the will with the County Clerk in the county where your mother last resided, or where she died.
Once the will has been filed, it is a public document and anyone may review it.
If a probate estate has been opened, the County Clerk would also have a record of the law firm representing the Estate.
If there is no probate estate opened, you and your siblings, as interested parties (parties who have a legal interest in how the estate is managed and distributed) may open one to determine how many assets are listed, whether there may be assets missing, and to determine how the assets will be distributed afted paying the debts of the estate, etc.
I would advise that you speak to a probate attorney once you check to see if the will has been filed to determine your rights, and how best to proceed.
Good luck to you.
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