Legal Question in Wills and Trusts in Illinois

Son passed away last week leaving 3 kids and he had legal custody of them. Mother has the two girls and son will probably go over there. Just got divorced from 2nd wife no kids with her. 1st wife is around. Im his father. What is my responsibility in this situation? He talked about a will in text messages but cant find it. Said he left everything to his son in text.


Asked on 10/05/16, 11:33 am

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

You probably don't have any legal duties with respect to your son's estate. If I understand properly, your son was single on the date of his death. If he didn't leave a will, his property will go to his children in equal shares. If they are minors, there may need to be a court proceeding to identify who will manage the resources for them, and perhaps a court proceeding to establish where they will live. If your son had any life insurance, or retirement assets, these will go to the beneficiaries he designated in writing. If you are worried about your grandchildren's welfare, I recommend you talk to an attorney near you as soon as possible.

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Answered on 10/05/16, 1:40 pm


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