Legal Question in Wills and Trusts in Illinois

Time frame to execute will?

My aunt passed away recently and a will was filed (6/16/06) in which I was named to acquire her estate, less medical bills and funeral expenses. I saw this will only after requesting it from the courthouse last week. I am not on speaking terms with her widower, so I have no idea the value of the estate. I have heard that her lawyer is supposed to contact me sometime, but I haven't heard from him yet. My questions are first of all is there a time frame in which he is required to contact me? Also, is there a time frame within which the will must be ''carried out''?

Any assistance in this matter would be greatly appreciated. Thank you in advance for your time.


Asked on 7/07/06, 4:52 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Time frame to execute will?

My first concern would be whether the widower is going to contest the will. In Illinois a surviving spouse has a right to renounce a will that doesn't leave him a share of the estate. If he does this successfully, and your aunt had no descendants, then he would be entitled to half of her estate after payment of costs.

You might want to contact your aunt's attorney and inquire as to whether/when there will be a probate estate opened.

I would recommend that you seek the advise of a probate attorney to review your matter and can discuss the options you have.

This answer does not constitute legal advise since it is based solely on the hypothetical question in your posting. An attorney reviewing the matter may conclude differently open review of the will and other documents.

Good luck to you.

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Answered on 7/09/06, 10:54 am


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