Legal Question in Real Estate Law in Illinois
Mother passed Father remarried he passed 2nd wife passed. Can I claim stocks that are in my Mother and Fathers name? Second wife name was not on stocks.
2 Answers from Attorneys
An answer cannot be given from the facts provided and more likely than not you will need to bring any available information to an attorney to consider. Is it clear that there was not any designation given to the stock company? Next, if there were wills for any of them, you will want to review and provide those during a consultation. Otherwise, your question will probably hinge on a combination of the stock initially passing to the survivor (your father) and then passing under the laws of intestacy.
Let's just assume no wills and the stocks were held by mom and dad in co-tenancy/co-ownership with survivor rights (how stocks pass depend on the laws of the state where the stocks were issued). When mom passed dad became sole owner. When he remarried they remained as own property (unless he gifted any rights to them to his new wife). When he passed Illinois law would have split inheritance between her and you (and any of your siblings). When 2nd wife passed if she had any of her own children ownership would have passed to her children (Illinois treats stepchildren and natural born the same) and you (and any of your siblings). And that's just ONE possibility....As Mr. Repay says, if these securities have any significant value, it's time to deal with the situation. If they have negligible value, that's a differrent story.