QUESTION
How long after death does a will have to be filled in an Illionis court?
Asked on Jan 21st, 2013 on Wills and Probate - Illinois
More details to this question:
My stepmother recently acknowledged that my father left a will after avoiding my phone calls for a month. My father passed away 2 and a half months ago. I live in MN and my father lived in Illinois. Stepmother indicated she would send me a copy of the will and death certificate. Would you advise me to attain an attorney? I am 35 years old and my fathers only child.
1 ANSWER
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Section 6-1 of the Illinois Probate Act obligates the person who has the testator's Will in his possession to file it with the Clerk of the Court "immediately upon death". It further provides that anyone who "willfully secretes" a Will for the period of 30 days after death of the testator is guilty of theft of property, a class 3 felony. A "testator" is a person who signs a Will. The fact that she has acknowledged the Will to you, however, suggests that she would not be guilty of secreting the Will. Perhaps, a call to her asking her when the Will is going to filed is in order. If that does not work, a letter from an attorney may be in order. If that does not work, then you may want to take it upon yourself to initiate a proceeding in the local (Illinois) probate court to compel her to file it.
Answered on Jan 25th, 2013 at 11:03 AM