Legal Question in Wills and Trusts in Illinois

My Aunt and Uncle told me they were going to leave me money in their will. They both passed (2010,2011). I have cert. copies of Both their wills from Cook County, Il. Here is what Article II C. states, " I may also leave a dated, and hand-written or signed "memoradndum" with this Will or with the ###### and ### LIVING TRUST which contains my desires for distribution of specific items of personalty within my estate in the event my husband does not survive me. (he passed 2010). Regardless of the legal sufficiency of such a writing to pass this property,it is my intention that my Personal Representative and any other beneficiaries under this Will consider the fulfillment of these desires to be a moral obligation. To the extent particular items are specified for individuals otherwise entitled to share a portaion or percentage of tangible personal property in my estate, the item(s) specially earmarked shall be deemed to be part of such portion or percentage. ARTICLE III , I give all my estate over which I have a power of appointment to the TRUSTEE of the ####and####LIVING TRUST.

*** (1) This is my problem, my cousin is the Personal Rep. (2) I do not have nor know how to get a copy of the LIVING TRUST. This is where the distribution is listed. Nothing is stated in the will. And I don't know who the TRUSTEE is. (3) I ask my cousin for my share and he stated, " We decided you got enough when mom and dad were alive, so theres nothing for you now."

I am disabled and can not afford an atty. How can I get a copy of the TRUST? When I ordered the Wills from Cook Co. I asked for the LIVING TRUST, they said they don't have it, nor do they know how I can get it. Can my cousin just write me out? My Aunt or Uncle would have NOT taken me out of the will. The Will was over $8 million. I live in Florida, but the Will and Trust are in Illinois. PLS. PLS. HELP ME.


Asked on 11/20/12, 5:58 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

I do not expect you will have much success without an attorney inquiring for you. If you cannot find a probate attorney in Chicago that might be willing to get started with a small retainer, then try one of the legal clinics or services. Google: Chicago Legal Clinc.

https://www.google.com/search?q=chicago+legal+clinic&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

You might also try to find a handicap advocacy organization in the area that perhaps would connect you with someone through a volunteer attorney program.

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Answered on 11/20/12, 6:42 pm


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