Legal Question in Wills and Trusts in Illinois
Must I be notified if named in a will?
Twenty seven years ago my late wife passed away. Her parents had both of us named in there will. Her father passed several years ago and her mother passed this past May. Also named in the will is my late wifes sister. If my late wife parents never changed there will do I have any rights? And must I be notified if I am named in the will? Thank You.
2 Answers from Attorneys
Re: Must I be notified if named in a will?
The only answer is that it depends on what the will says. You can get a copy of the will(s) from the clerk of the court in the county where the decedent lived. If you are a legatee under the will and a probate estate is opened, you should be notified. Not all estates are probated, however.
Re: Must I be notified if named in a will?
The answers to all of your questions depend on the wording of the will.
By law, wills must be filed with the county clerk of the county in which the person died. The clerk should be able to tell you over the phone whether one was filed. If so, you can then visit the clerk's office and have a copy made.
If the will wasn't changed in the years since your wife's death, it is possible that her share would go to her estate. Such an amount would then pass according to her will, or in accordance with the laws of intestacy (if she didn't have a will).
If you are able to obtain a copy of the will, a consultation with an estate planning attorney would be in order.
Good luck to you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
