Legal Question in Wills and Trusts in Illinois
How does a person who is not a lawyer file court papers to put a will and deed in probate for legal disclosure? Is there anything we can do without paying so much to the lawyer? My wife's mother died about 5 months ago. My mother in laws daughter, my wife's sister, who lived with her mother for 30 years has made herself the executor of her mother's estate, and not is letting another person in the family see the wills, which there were five, or the deed to my wife's mother�s home. My wife did a search and found that she and her other sister was on the deed filed in 1971; however, the county or we cannot found the original deed. They stated that it was on an old system. We also tried Chicago Land and Trust (downtown Chicago), which is the entity that holds all deeds for Cook County. We talked to a lawyer and he said that there is nothing we can do to resolve this matter without paying 10s of thousands of dollars, personally, I believe there is something we can do. For example, I would like to find the original deed and put everything in probate until my sister in law product the documents from the insurance companies and deed. My wife's sister has remodeled the house using a loan and she has not had a job in years. We are afraid that she is using the house as collateral, and in the end, we will have to pay. Every lawyer that we talked to is saying that we have to have a lawyer to find the papers and file court paper.
2 Answers from Attorneys
First of all, by law, the person holding the will MUST file it with the probate clerk of the County in which the person died within 30 days of the death.
If the will has not been filed, you can petition the probate court to compel the executor to file the will. Although you can do this without a lawyer, you have received good advice that you should have legal counsel to assist you.
Let me know if I can assist you. A consulation would certainly be worth your while in this situation.
You do not need the original deed if it has been recorded. Once it is recorded in the county recorder's office, the document is no longer of any value whatsoever. No company "holds all the deeds" for Cook County.
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.
