Legal Question in Wills and Trusts in Illinois

Probate: Wills and Trusts

My father had a pour in will and trust, but we can not find the original. He remarried 7 years ago after the will/trust was created, and there was verbal agreement that the trust would still apply. Is there a deadline for filing a will, and what happens if we do not fing the original?


Asked on 2/16/08, 4:38 pm

2 Answers from Attorneys
Gerald Nordgren Law Office of Gerald P. Nordgren

Re: Probate: Wills and Trusts

Dear Friend,

Sorry to hear about your dad. Technically, the will should be filed within 30 days of death, but there's not a firm deadline. If the original can't be found, you simply ask the Judge to accept the copy as being the same as original. If there was no subsequent will, which cancelled the will with the trust, and no one can testify that they saw him destroy it, there's a good chance the Court will treat the copy as though it were the original. Please let me know if I can be of further assistance to you.

Sincerely,

gerald nordgren

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Answered on 2/16/08, 6:19 pm
John Steele Steele Law Firm

Re: Probate: Wills and Trusts

You can file a copy.

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Answered on 2/16/08, 5:00 pm


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