Naperville, IL asked in Probate for Illinois

Q: How can I obtain a copy of my deceased father's will. My stepmother will not give me any information. I am 35 years old

Related Topics:
1 Lawyer Answer

A: According to the Illinois Probate Act, you may have rights under 755 ILCS 5/6-1, which states in part:

Sec. 6-1. Duty to file will - altering, destroying or secreting.

(a) Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.

***

You should contact an attorney who can help you to determine and protect your rights.

Stephen Sotelo, The Fish Law Firm, P.C., 55 S. Main St., Suite 341, Naperville, IL 60540 (630)355-7590 ssotelo@fishlawfirm.com www.fishlawfirm.com

*** This answer is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.