Legal Question in Wills and Trusts in Illinois

In the state of Illinois if your father died without a will, his probate estate would be divisible among his widow (50%) and his children (other 50% split among them). However, only assets in his name alone or payable to his estate would be divisible as probate assets. A house in joint tenancy, bank accounts, insurance policies, IRAs etc. with beneficiary designations would be payable to the named beneficiary or surviving joint tenant. If there is need for probate, the administrator of the estate has a duty to notify you concerning the details.

The fact that a will was not filed does not mean that there is not one. That may be discovered after you initiate contact through an attorney.

If there was a will prepared before you were born, the law provides for you to be included. If there was not any will, you would share the same as any child. If there was a will prepared after you were born, then it would be more difficult to argue that you should inherit anything.

Do you know whether there is any "estate" to pass? You mention that your father worked all his life, but many people do so without accumulating much.

Two concerns: (1) You mention he was married. Often, spouses hold most things jointly, meaning the surviving spouse retains ownership. The assets do not pass through the estate. (2) Even if the assets do not pass to the spouse, was there anything of significance (such as equity in a home, investments, bank accounts that were not jointly titled, etc.)?

If you have no way of knowing, it may be worth an attorney making initial contact. While an attorney would not handle a probate matter on a contingent fee, an attorney may be willing to wait for most and possibly all of the payment to be made from the probate distribution. This would depend on the facts, including some of the questions above.

My office is located in your area. Depending on the circumstances (location of the estate, likelihood of assets, . . .), I may be able to assist you. Please feel free to contact me any time by E-mail or after Tuesday by telephone.