Legal Question in Wills and Trusts in Illinois
About 15 years ago, I received a letter from a genealogist saying that my sister and I were entitled to a sum of money from a deceased relative who left her estates to remaining blood family. The genealogist failed to find documents proving we are indeed blood to this relative, so we gave up. I recently began researching again. There are other living family members who are blood to this relative, but we no longer speak due to personal matters. MUST we legally inform them of this inheritance to "split" it, or do we just prove to the state that WE are blood and move on?
3 Answers from Attorneys
Generally, you have to prove heirship to the local probate court. There are nuances though depending on the facts. Discuss the facts directly with a probate attorney for best results.
The process would typically involve an affidavit or testimony under oath concerning your knowledge of the heirship. So, likely, you will need to involve other known heirs. If your heirship can be proven, but there remain heirs who cannot be determined, then that portion of the estate will be held (for example, you determine the paternal lineage, but cannot determine the maternal lineage). In any event, you would not receive any more than that to which you are entitled. Why not do the right thing regardless your differences?
From the facts you provided, it's the "15 years ago" that is the weakest part of your case. If you are interested in pursuing a claim of some sort against your blood relatives, the burden of proof would be on you to establish that your identity as an heir was somehow fraudulently omitted from the distribution list. If you have a copy of the will and want to pursue your potential claim, talk to a lawyer to evaluate your situation.
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