Legal Question in Wills and Trusts in Illinois
Not a biological child
My older 3 sisters' father passed away in the state
of Illinois and left no will. It seems now up to
them to split the estate 3 ways. I am not a
biological child of the deceased, but his name is
on my birth certificate because my mother and he
were still married at the time of my birth. Am I
entitled to participate in any of the proceedings as
an heir and therefore force a 4 way split rather
than 3? I was told I cannot by my sister's because
it would be probate fraud. Is this true even with a
birth certificate that bears his name?
2 Answers from Attorneys
Re: Not a biological child
Assuming you could not show that he is your biological father, then unless you were legally adopted by the decedent, you would not be an heir-at-law of his under Illinois law.
Re: Not a biological child
You can argue that you are an heir of the decedent because your mother was married to him at the time of your birth, giving rise to a presumption that he was your father. The presumption would shift the burden of proof to your half-sisters to prove that you were not the decedent's biological child. If your half-sisters prove that, then you would be declared by the court not to be an heir of the decedent. Based on the presumption, however, there would be no fraud involved.
If you chose to proceed, you should hire a lawyer to more closely evaluate your options. Call me if you have any questions.
Larry Stein
(630) 221-1755
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