Legal Question in Real Estate Law in Illinois

It makes a huge difference if your dad had a will, because if he did NOT, then you and your mom shared equally in the estate at his death under Illinois law. If he had a will, totally different story and normally you would have been advised if there was anything he left you in it.

So if he had no will and she makes one, she still can't give away more than her half, but what she does with it is her business, not yours. If your dad left a will and your mom inherited everything from him and you got whatever you got, which apparently was nothing, it is still your mom's to do with what she wants. Why he's in control of the situation I can't say but you should consider an attorney to look into whether there's any undue influence being exerted here or not. Or if you think she is not fully capable, trying to get a guardianship going where you are the guardian -- but that's a lot of work, costs a lot of money to get, and you may not win but rather alienate her in the process. If there's another option, an attorney with all of the facts should be able to help.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.