Legal Question in Wills and Trusts in Illinois

Re: What if Will is not Filed in 30 Days?

Illinois law does require that the original will be filed with the county clerk within 30 days after death by the person holding the will. "Secreting" the will can be a felony. You, and the rest of the world, have a right to read the will after it is filed and becomes public record. In addition, if there is a probate estate, you will be entitled to notice and an opportunity to contest the will because you are an heir of your father under Illinois law. Unless you can find out from someone who might know, I have no idea how you would determine the attorney. At some point you might want to notify aunt that she is required to file the will. If she doesn't, then you could go ahead and petition to open the estate as an intestate estate. At that point, if there was a will, presumably more favorable to the aunt, she would bring it forward.

I am a probate attorney in the Chicagoland (Cook County) area. If you would like assistance in pursuing this matter, feel free to give me a call at (847) 991-2250.

Re: What if Will is not Filed in 30 Days?

It sounds like your father was an Illinois resident.

You should seek the opinion you are looking for from

an attorney licensed to practice in Illinios.

Re: What if Will is not Filed in 30 Days?

The question is how much effort you want to go through.

As a child, you are an heir -- entitled to share in his estate in absence of a will. You could file a petition to open an intestate estate, alleging no will. then find out what assets are there, and if necessary bring citation on the aunt. And if she has assets she'll have to reveal them and then reveal the will (and if she doesn't, the children get everything).

But there's a good chance everything had joint names, they went to her without a will, she's not dependent on the will to give her anything (which is usually why people don't bother to file it) and nothing will come of it. Even if you had the will you might get nothing.