Virginia Beach, VA asked in Estate Planning and Probate for Illinois

Q: My father passed,his wife said she got everything. She is signing over a policy of$18k to me sounds odd as he was wealth

My father and I were extremely close. She is also the executor of his estate, from what she tells me. To me it almost sounds like she wants to give us (grandson grandaughter, and I) this small amount to stop us from asking more questions. she genuinely loves my son and daughter but she and I have had major issues over the years. She is Japanese & was always very threatened by me?? Where do I go to get a copy of his will. He resided in passed away in Mundelein. I do not know my aunt said that when he saw her a month before he passed he told her he didn't have everything in order... Which leaves me to question that my son daughter and I would be in the will more than just her giving us a small snippet as he was a very affluent individual. if it is actually this way then I won't question it however I would like to be able to see it for myself. Even when my son and I went up there for the memorial service she would not let us see the death certificate because it had personal information.

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1 Lawyer Answer
Ray Choudhry
Ray Choudhry
Answered
  • Estate Planning Lawyer
  • Moline, IL
  • Licensed in Illinois

A: When someone dies leaving a will, in Illinois whoever has the will is required to "lodge" it with the clerk of court.

The will then is available for review by anyone.

Failure to lodge the will is punishable.

If she is the named executor and fails to open an estate, then the successor executor, of if he or she fails to do it, then any of the children can open an estate.

If she fails to open an estate Anyway, if she is the named executor.

An estate is only opened if there is something to probate.

If everything was in joint tenancy with wife then it automatically goes to the wife.

What you are getting may be life insurance proceeds which do not go through probate.

Anyway, one way or the other you are entitled to see a copy of his will.

Among other things, it allows you to determine whether you want to challenge it due to undue influence or maybe something else.

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