Legal Question in Family Law in Illinois

My wife passed on 09/2011. Our bilogical son is 11 and lives with me in our home. As the insurance I had on my wife paid off our home and all other debt do, I need to pettition the court in Illinois (Will co.) for legal gaurdianship of my son in order to name gaurdians on a will and put my house in trust to him?


Asked on 9/26/12, 2:29 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You do not need to do that. You are his parent. You have his custody. You can name a guardian in your will . If you own property you should discuss estate planning issues with a lawyer.

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Answered on 9/26/12, 2:37 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Mr. Shimberg is correct in most circumstances and probably is in this one. However, in the event that the child was born prior to the marriage and you never signed a vap or otherwise established parentage, you may well have to do so in a court of law by filing a parentage petition. This would be a unique situation and not the case as a general rule. Other than this unique situation, Mr. Shimberg has given you completely accurate information. I am wondering why somebody would have given you the instructions which you are now questioning.

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Answered on 9/26/12, 2:45 pm


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