Legal Question in Wills and Trusts in Illinois
will and bank account
my dad just passed away. he has a will but his lawyer wont give me a copy. my mom and him have been divorced for 13 yrs. she says shes the executor. her name is not on his bank account. does she have access to it cause shes the executor, or do i being his daughter
1 Answer from Attorneys
Re: will and bank account
If it hasn't already been filed, the Will should soon be filed with the clerk of the circuit. Once it is filed, it is public record that you can get a copy of from the courthouse.
If she is executor, then she may get access to it once she open a probate estate, but she would be required to handle it pursuant to the terms of the Will. Also, if the Will predates their divorce, then she would be disqualified as executor.
It may be helpful for you to retain an attorney to protect your rights.
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