Legal Question in Wills and Trusts in Illinois

wills

what happens if you know your deceased mother made out a will and you cannot find it.


Asked on 1/10/07, 1:30 pm

1 Answer from Attorneys

Re: wills

Look through her documents to find evidence of who might have drafted the will. Typically, lawyers will keep the original document in their offices for safekeeping. If not, a copy will certainly be kept in a client's file.

If you don't know who the lawyer was, check with the county probate clerk to see if a will has been filed. If an attorney is aware of the death of an individual, they have a duty to file the will with the county.

If the will can't be found, the estate will have to be probated without one (called an intestate estate), or if it is valued at under $100,000, it may be administered through a small estate affidavit.

Regardless, you should make an appointment to discuss these matters with a probate attorney to be sure that you are aware of what needs to be done.

Good luck to you.

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Answered on 1/10/07, 1:54 pm


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