Legal Question in Wills and Trusts in Illinois

The son born out of wedlock is nevertheless an "heir at law" to his father (some issues with acknowledgment, but I'm assuming you can prove paternity) and therefore, if his father predeceased his grandmother, an heir at law to his grandmother. This means that, if there is no will, the grandson inherits his father's share of any probate assets (a term of art with legal meaning) from the grandmother's estate in equal proportions with any half-siblings.

The issue if grandmother's will was admitted to probate is whether she purposefully disinherited this grandchild born out of wedlock, or whether she just "forgot" or didn't know of the grandchild. If the former, the grandson is out, if the latter, the grandson can inherit just like the other heirs under the will, but it may be a legal fight.

If the probate assets of the grandmother were transferred underl Illinois law pursuant to a small estate affidavit, the grandson can open a probate estaet to claim his share.

We'd have to read the grandmother's will, and get more information about the status of the estate to advise you in the circumstances. And, the above answers assume that the grandmother died less than two years ago. In Illinois, the statute of limitations for claims against an estate is generally two years, with certain exceptions.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.