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How Can I Find Out If There Is a Will or Trust

Someone who has a will or a trust should tell their heirs and beneficiaries they have made a will or trust and they should tell them where the documents are. However, this is not always done.

To find out if a decedent left a will or trust you can do the following:

- Go through the decedent's belongings and look for a will or trust.

- Look for a safe deposit key or bank records showing there is a safe deposit box. People often keep wills or trusts in safe deposit boxes.

- Ask all the other family members and acquaintances of the decedent if they know anything about a will or a trust.

- Ask them if they know anyone else who would know.

- Ask them if they know who the decedent's attorney, accountant, and tax preparers were. Then ask those people.

- Go through the decedent's belongings and look for bills from an attorney or checks to an attorney, accountant, or tax preparer.

- Get copies of documents involving the decedent's real estate. If you cannot find them among the decedent's records, get them from the Recorder of Deeds. They will often show the attorney who prepared them.

- If you can identify a lawyer, accountant or tax preparer, ask them about a will or trust.

- Look for the decedent's tax returns. They may reveal something, like a deduction for legal fees for a will or safe deposit box costs.

- Whoever has the will of an Illinois decedent is obligated to file it with the clerk of the probate court where the decedent lived.

- Wait 30 days and then check with the clerk.

Ask anyone who had contact with the decedent what they know about a will.

If necessary a probate estate can be opened and the administrator of the estate can use legal process to get records and ask people questions under oath to investigate whether or not there was a will or trust. This is expensive and usually is not productive unless there is already some strong indication that there is a will.

Donald M. Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois Probate Law
Ph: 312-782-0844 * Fax: 312-201-1436 * Email: donthompsonlaw@sbcglobal.net