Legal Question in Wills and Trusts in Illinois
will and trust fund
I want to find out how I can legally get a copy of my fathers will. My mother has refused to give me a copy of the will. Thank you.
1 Answer from Attorneys
Re: will and trust fund
By law, a will must be filed with the County by the person who is in possession of the original, within 30 days of the death of the decedent.
After filing, the will becomes a public record and anyone can ask to see it, or obtain a copy.
If the will has not be filed, but you know that there is one, you can file an action with your county probate court to force the person having possession of it, to file it. If the court is ignored, the person will be held in contempt of court.
I would advise you to discuss the matter with a probate attorney to see what your options are.
Good luck to you.
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