QUESTION

My sisters are keeping my Mother's will from me. What legal recourse do I have?

Asked on Aug 15th, 2013 on Wills and Probate - Illinois
More details to this question:
My Mother recently passed away and had told me my younger sister and I are executors of her will. My older and younger sisters told me I am not named executor but won't let me see the will. I dont know which attorney my Mother used to write her will. What can I legally do so that I can see the will?
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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Under Illinois law, the named executor, or person in possession of the Will, must file it with the local court in the county in which the deceased person resided at the time of death within 30 days of the date of death. Any person who willfully destroys or alters a decedent's will or hides it for more than 30 days after the decedent's death may be found guilty of a Class 3 felony. Wills are often not filed within 30 days. They can be filed at any time; however, if you think anyone is hiding, withholding or has destroyed the will, you could contact an attorney to address the issue or call the local State's Attorney's office to see if they would address the issue. It would be helpful to know who drafted the Will to verify that a Will was actually created and has not been revoked. A person can revoke a Will at any time. It may be hard to prove whether she had a Will and that she did not revoke her Will.
Answered on Aug 16th, 2013 at 3:48 PM

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