Legal Question in Wills and Trusts in Illinois

My great uncle passed away 6/3/09. A Last Will and Testament was located and filed with the Probate Court in the Cook County, Illinoisin 9/2009. Letters of office were sent to all heirs. Since the letters were mailed out, I have been advised by the handling attorney that the will filed with the court was not the most recent and that more heirs are listed in the most recent will. Despite this fact, the most recent Last Will and Testament has not been filed with the Court and the new heirs listed in the will have not been notified. When I have called the handling attorney and requested a copy of the most recent Will (I'm a an heir), she refused to provide me with a copy and hung up. Question being, if a more recent Last Will and Testament is located, does it have to be filed with the court as well? And if not, are heirs entitled to receive a copy from the handling attorney of the estate?


Asked on 11/08/10, 9:37 am

2 Answers from Attorneys
Gregory Turza Law Offices of Gregory P Turza

An heir has standing to make a motion for disclosure. You didn't say what your interest in this was. In some circumstances a non heir can make such a motion too but I would need to know more. www.legacylaws.com for a free consultation.

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Answered on 11/13/10, 11:43 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

If a more recent Last Will and Testament is located, it does have to be filed with the Court. If you have an interest under either Will, you should discuss this more thoroughly with an attorney. Feel free to call me for a free consultation.

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Answered on 11/15/10, 7:15 am


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