Legal Question in Wills and Trusts in Illinois

The Executor has thirty days to file the Will in Illinois at the county courthouse where your mother passed away. The first place I would start would be to check the court clerk's office in Cook County to see if it has been filed, and if so, obtain a copy from them. Then check to see how you are treated in the Will. If your sister is refusing to show you anything, that is very suspicious. If the Will appears to treat you unequally then you may wish to consult an attorney.

The Will may have already been filed with the Cook County Clerk, but the website might not yet be updated to reflect that. However, if 30 days have passed since your mother's death, then if someone is refraining from filing the original Will, that person can be charged with a Class 3 Felony. If you get further resistance as to seeing the Will, you might want to mention that to both your sister and the attorney that drafted the Will.

Also, keep in mind, it takes time to sort out a person's assets after they pass away. That process ordinarily takes months, not days.

Illinois law requires that a will be filed with the Clerk of the Circuit Court, for the county in which the decedent resided, within 30 days after someone passes. Failure to do so is actually punishable as a felony, but rarely does it come to that because, unfortunately, the requirement is not well known and therefore prosecution only occurs if someone continues to disregard the requirement after being informed. A paper trail should be created.

You mention that you checked the Cook County website, but that may not provide the necessary information. Try inquiring in person or by telephone to see if either the will has been filed or a probate case opened. I am not sure if the branch courts will assist you as probate is generally handled from the main courthouse in Chicago.

If you do not get any information that way, then you can try to delicately approach the legal requirement with your sister or, better, have an attorney send an appropriate letter. I usually err on the side of a friendly letter since the deadline may not be know, prosecutions for failure to abide only occur where there is a continued, willful disregard and we will want to be able to continue good communication moving forward.