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

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1 Lawyer Answer
Stephen Sotelo
Stephen Sotelo
Answered
  • Probate Lawyer
  • Naperville, IL
  • Licensed in Illinois

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.

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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.

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