Legal Question in Wills and Trusts in Illinois

How can I obtain a copy of my aunts revokable trust? Her will was changed to this trust two weks before sje died. She named my cousin as execuor of the will, but no one is named as beneficiayies or trustes. The reason I ask is because she stated that he wanted me and my husband to have her house. She also told this to neighbors and godson, several times, and told us this two days before she died. My cousin is not providing us any info at all., saying that the house is not ours and all is in probate.We do not understand the probate system or trust laws. My cousin did fire my aunts attorney after her death however. We juswt would like to know what her wishes were.


Asked on 8/17/10, 11:41 am

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

If there is indeed a probate estate then that would be public record. Contact the clerk of the circuit court in the county where your aunt last lived to inquire into how to review the probate file and Will. That should give you a lot of information from which to proceed. If there is no probate, then you have to try to discover who the trustee of the trust is and contact them for information. If they refuse your demands then you'd have to decide whether it's worth going to court to get information.

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Answered on 8/22/10, 11:53 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

If your aunt's house is subject to your aunt's revocable trust, it might be very difficult for you to get information from your cousin -- particularly if you are not represented by an attorney. If your aunt changed her estate plan so close to her death, you may ultimately need to file a Petition to contest those changes. You should discuss everything that's happened with an attorney so you can have some idea of whether such a Petition is necessary and how likely it is that you will win. Feel free to give me a call. I've handled similar matters in the past, and I won't charge for an introductory phone call about your case.

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Answered on 8/23/10, 8:51 am


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