Tinley Park, IL asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Illinois

Q: My father passed away from dementia his attorney also I find out has passed how do I get a copy of his will?

When my mother would let my father stay with me 3 days a week b /c he loved me she said 1 day have your father practice writing his name. I now find out that he was not of sound mind as I know he did not know my name would call me peanut, sunshine and have me write my name on a pc of paper so he could remember she took him to an attorney notary public and had him sign and sell both of his properties for 10.00 in a quick claim deed. they are not married. I am an only child. Now she is selling the property I have rented from my father for 30 yrs and kicking me to the homeless curb has sale pending and I have 30 days to get out if it sells after home inspection. What can I do I would like a copy of his will and what recourse do I have if any she is a spiteful, person. They were not married and my father had no GIRLFRIEND my mother has the will.

1 Lawyer Answer
Jeremy Wang
Jeremy Wang
Answered
  • Wheaton, IL
  • Licensed in Illinois

A: Sorry to hear about the passing of your father. If your father quitclaimed the house over to his girlfriend your father no longer owned title to the property when he passed - that is unless you can show the transfer was done under duress, or undue influence, or perhaps maybe even fraud.

If your father left a will - he would have most likely left a copy to someone who he trusted the most to handle the estate. If that was his girlfriend then she has a duty to open up a probate and enter the will. Your fathers late attorney may or may not had a succession plan regarding a will copy but most work product disappears upon the death of the attorney.

At this point you need to talk to a probate attorney right away and discuss your situation privately. I wish you the best.

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