Legal Question in Wills and Trusts in Illinois
Do adult 'stepchildren' have a claim to an estate although not mentioned in will
My wealthy 'stepmother' recently died in a Wisconsin nursing home. Her will was drawn in Illinois and, apparently excluded all relatives, including 'stepchidren' and left her substancial estate to an animal shelter group.....I was stepchild #1 (an adult at the time my father married her) and there is a stepchild #2 ~ adult offspring of the husband she married after my father's death and who also pre-deceased her. This 'stepmother' took kept all properties of her two husbands--the fathers of the two (2) adult stepchildren. Is there any legal recourse available to these stepchildren that holds promise of success to modify the existing Will and be included as a beneficiaries?
2 Answers from Attorneys
Re: Do adult 'stepchildren' have a claim to an estate although not mentioned in
Hello. In Illinois, a
person can make a will and
name beneficiaries under the
will as he/she sees fit. However, you may consider
challenging the will based
on the mental state of your
stepmother, if you believe
that she was incompetent at
the time this will was drafted.
Re: Do adult 'stepchildren' have a claim to an estate although not mentioned in
Unless you were adopted, no, you have no claim against her estate as you are not an heir at law of hers. If she improperly 'took' your father's property, then you may have a separate claim relating to that, but directly in your stepmom's estate.
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