How do I attain my mother's will?

Your mother's will should have been filed with the probate court in the county where your mother last resided. Therefore, you should be able to get a copy of the will from the court.

In Illinois, a Will must be filed within 30 days of the date of death. Check with the clerk of the court in the county where your mother resided at her death. The will should be on file. Your brother can act as executor to estate assets only after appointment by the court in a probate case. The only exception is if the estate does not have assets in excess of $100,000. If a probate case has been opened then the will and case will be a matter of public record. I all of your mother's assets were placed in a trust there may not be a probate and you will have to deal with the trustee and not the proposed executor.

Once the will is filed, you can get a copy from the court. Contact the clerk of the circuit court in the county where your mother lived.

In theory, whomever has the will, Illinois law requires it to be filed within 30 days of her death. If she died a resident of another state, you have to ask an Atty licensed in that state. Once it is filed you can purchase a copy from the court clerk.