Legal Question in Wills and Trusts in Illinois

Your brother's assets would pass to his legal heirs. I'm assuming the son you referenced is her son, not his, and that he never adopted him? If your brother had no children, then his heirs would be his parents, if living, and siblings (and descendants of deceased siblings). Without a will, the girlfriend would have no inheritance rights in his estate. Assuming the home is titled just in your brother's sole name, then the home belongs to the estate, and if a personal representative is appointed, the girlfriend could be required to vacate and turn over to the representative.

I would recommend that the family talk to a probate attorney to go review your brother's estate's assets and liabilities and determine a proper course of action. Feel free to give me a call to discuss, there would be no charge for an initial phone consultation.

If the home was in your brother's name only, then the home goes to his son. But the estate has to be administered.

Technically, a guardian has to be appointed for the son because he is still a minor. But he is so close to age 18 that it would probably make sense to delay administration until he turms 18 so he can take title in his own name.

The mortgage is a lien on the home. The son does not have to pay it, but the bank can foreclose on the home if it is not paid. So the son needs to decide if it is worth it to continue to pay. These days many homes are "underwater" that is the mortgage is more than value. If this is the case it may be better to just walk away from it.

The girlfriend is not related by blood or marriage so she is not entitled to anything, unless he left it to her by beneficiary designation or otherwise.

For a more complete picture it would be necessary to know any other assets he owned at the time of his death.

I hope this answers your question. For more information, or to call for an appointment, go to my website: www.legacylaws.com.

Be well.

First, it matters how the assets were titled. For example, if your brother and his girlfriend owned all of their assets jointly, then all of his assets would become hers upon his death (assuming that no one else is also jointly titled on all assets).

Second, did your brother list a beneficiary on any of his assets? (e.g. life insurance)

Third, any assets that are ONLY in your brother's name and that lack any beneficiary designation would be given to certain family members according to the laws of "intestacy" of the State of Illinois (because your brother died without a Will). Since your brother had no living spouse, his descendants (i.e., his son, if your brother had no other children) would be entitled to all such assets.

Feel free to give me a call if you'd like to discuss this further.

(This answer assumes that your brother was an Illinois resident when he died.)