Legal Question in Wills and Trusts in Illinois

Re: Right of Blood Relative

You are better off posting this on the Minnesota list.

Basically, you are your father's only "heir" but he can leave his property to whomever he pleases. If he includes his step children in his will then they will also inherit.

There is more to it. Each financial product has to be examined. Don't assume your father's wealth passes to his wife's children as well as yourself just because that is what is says in the will.

The will is trumped by beneficiary designations on life insurance policies, annuities, and retirement plans. Also, joint tenancies, TOD (transfer on death) accounts and POD (pay on death) accounts are in control, not the will.

Many times people will make a will thinking that's all they need to do. But the will only controls assets in his probate estate. First look to the financial product. Only if no provision is made should you look to the will.

One other word of caution. Don't assume anything by looking at the account statements. You must see the underlying account agreements.

I had a case once in which the statement showed the asset in the decedent's name which would have meant it passed under his will. But I accessed the account agreements which showed my clients as named beneficiaries and won the case.

If you want to have a chat feel free to call. But the jurisdiction is Minnesota so you should consult with someone there. I can refer you to a lawyer there if you like.

My number is at my web site www.legacylaws.com.