Legal Question in Wills and Trusts in Illinois

My father's wife of 50 years passed away. The following year (2 years ago) he remarried. Barbara (the new wife) immediately convinced him to make a new will, and make all cd's and bank accounts joint. He did not have a prenup. He tries to placate us by saying that all cd's and accounts are P.O.D. Does that mean that if he dies she gets the money? She has two nephews. She hates his family. She bullies him and he does not understand what happens with a P.O.D. We offered her 1/3 of the estate. She refuses to discuss it. Are we in trouble? They live in Ohio.


Asked on 10/15/10, 2:02 pm

4 Answers from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

If your father and Barbara live in Ohio, you should post this question to Ohio attorneys, not Illinois attorneys. If they live in Illinois, then your interests must be handled very delicately. Feel free to give me a call if you'd like to discuss this further. I won't charge for an introductory phone call.

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Answered on 10/20/10, 2:09 pm
Caroline Palmer Law firm of Caroline Palmer

Right now it doesn't really matter. A will only takes effect after it is probated and for that to happen your father has to die. A will is probated in the state where the testator dies unless there is real property in question, in which case that portion of the will is probated in the state where the property is located. My advice is to discuss your situation with an estate lawyer in Ohio since that is where your father is located at the moment.

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Answered on 10/20/10, 2:19 pm
Thomas Moens Moens Law Offices, Chartered

This is Ohio law. But, as a general rule, if the accounts are joint with his spouse listed as the joint tenant, the accounts will go to the spouse on his death, and vice versa. P.O.D. may be accurate but payable on death to whom is the real question. Keep in mind though, it is your father's decision.

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Answered on 10/20/10, 2:21 pm
Gregory Turza Law Offices of Gregory P Turza

Yes, you are in trouble. But the person you need to speak to is your father, not his gold digging bitch wife. You have no power to make offers. It belongs to your father. Talk to him.

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Answered on 10/20/10, 2:38 pm


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