Naperville, IL asked in Estate Planning for Illinois

Q: My father in law passed away in 2003. He has a will. The money was not to be distributed until his wife passed away

She passed away in August of this year. My husband, his son, and I have been divorced 7 years. His father has trust funds for all his children, spouses and grandchildren. How can I get a copy of the will? We have 4 children and our only minor child lives with me.

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1 Lawyer Answer

A: Looks like father in law will not probated because no assets to probate.

However, who ever has his original will needs to lodge it with the clerk of court.

Check to see if it was lodged.

If he set up a trust and funded it, it belongs to the trust and not him.

Odds are when he died it went to widow because of joint tenancy.

The widow would leave what she had through her will or may have set up trusts.

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