How can I find out if my late aunt left a Will?

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How can I find out if my late aunt left a Will?

She passed away a few days ago. Her children took all of the mail from the house and our friend still lives in her home. I think she left him her house.

Asked on February 22, 2013 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If there is a Last Will and Testament and it is filed by the children, then the Will would be available for review in the Probate Court in the county in which she resided at the time of her death.  It would be a public record and you could review it.  Do you be any chance know if she had a family attorney that has a copy of the Will?  I ask this because if she does have one - and the kids are not happy with it - then I fear they could "misplace" it and file a proceeding to probate her estate through intestacy.  Then your friend would be cut out of the estate.  Good luck.


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