Legal Question in Wills and Trusts in Illinois

communal property vs. will
Hi:

My mother's will leaves all of her ''tangible personal property'' to her children, with me as executor, empowered to distribute said property.

My stepfather claims his lawyer advised him that all her property became his automatically on her death, and as a result, she has no ''tangible personal property'' and her will is meaningless.

Which is it?

thanks.

Asked on 3/31/06, 6:56 pm

Zedrick Braden III Ainsworth & Associates PC

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0 attorneys agreed

Re: communal property vs. will

In my opinion, any property that your mother had

before she married your stepdad she can give

away because it is non-marital property. However, property acquired by your mom when she

was married to your stepdad is his and your mom

could not give it away. Certainly an estate should be opened. I will be happy to answer

any additional questions that you might have.

Answered on 4/04/06, 3:14 am

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