Legal Question in Wills and Trusts in Illinois

First, the Will is public record. After the person dies, the Will is filed with the clerk of the circuit court in the county where the decedent lived. Anyone can obtain a copy of the Will.

In regards to contacting a lawyer, he can definitely contact a lawyer to discuss the terms of the Will and his rights. The Will may contain a clause (known as a "no contest" clause) that says that if he files a Will contest then he receives nothing under the Will. If he has concerns, he should speak with a lawyer to determine the meaning of the clause and the best course of action.

Statement read aloud without lawyer? Not sure what that means. The Will says whatever it says. The executor cannot change the Will by making a statement, regardless of whether a lawyer is present.

As to a death certificate, if he has an actual need, he could try to obtain from the appropriate county department that handles death certificates.

I agree with Attorney Gottlieb. There is a duty to file the will with the circuit clerk within 30 days regardless whether the will is to be probated. Here, I anticipate it will be probated. In either case, you should be able to obtain a copy through the circuit court clerk. Failing to file the will is actually punishable as a crime, although I expect that filing it late would in most cases avoid prosecution for someone who may not have known better.

Next, wills occasionally contain what are sometimes referred to as "in terrorem" clauses, which state that anyone who contests the will stands to lose their interest. If the clause you are describing suggests that even consulting an attorney is limited, I expect that is likely to be found to be against public policy. An attorney would need to consider that more fully and advise you.

I am not sure how the death certificate is relevant, unless the cause of death may impact who is entitled to benefit from the estate. The death certificate is issued by the county. You should inquire whether a copy is available to you through the county.

The reading of a will does not have anything to do with it. Rarely is it done anymore, but even if it was done, the substance of the document is what counts.

The situation would be different if a trust, rather than a will, designates the distribution. A trust may remain a private document, subject to laws allowing beneficiaries to protect their interests.

It's very easy for a person to confuse a Will with a Trust. While the above advice largely covers Wills, you're in different territory when it comes to Trusts. Your best next move is to seek the advice of an attorney who can help you navigate through this. Feel free to call me for a free consultation.