What do I do if I just discovered my father’s holographic will, signed and dated with his religious belief? 1 Answers as of October 07, 2015

I've been very close to my father as a son and business partner all my life. Lost mother in 95, later dad will remarry. As we lived to gather through the remarrying as a son and business partner. She always knew his wishes but didn't see them through. He passed in 2010 but in recent discovery his holographic will is discovered (2015). How do I go about this?

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Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
Unless a holographic will was signed by the testator in the presence of 2 witnesses and the witnesses signed the will attesting to the testator's signature and capacity, the holographic will is not a legally enforceable document in Illinois. Even so, the holographic will can exert moral suasion. If there was no proper will then your father's assets must be distributed as required under the statutory rules of descent and distribution. The terms of the holographic will can guide your actions provided they are not in conflict with the legally required actions under a proper will and/or statute. There is no legal requirement to follow the terms of a holographic will. If the holographic will was properly witnessed a probate can be opened and you can attempt to collect the assets and give effect to the terms of the will. You should consult with an attorney. The passage of time may hinder or prevent a complete reinstatement.
Answer Applies to: Illinois
Replied: 10/7/2015
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