Legal Question in Wills and Trusts in Illinois

If your father left a will and/or trust, your rights should be described in those

documents. If he did not leave a will and/or you are a minor, your rights are

determined by state law of intestacy. Therefore, you should obtain a copy

of his will, if available, as a first step. If there is no will and he left estate

property, probate action will be required which will determine your rights

and benefits.

If your father had a valid will, the distribution of his estate would be pursuant to the will. Provided you are an adult, you would have only what he chose to give you in his will. A copy of the will should have been filed with the circuit court clerk for the county of residence within 30 days of his passing.

If he did not have a will, assuming this is in Illinois, his estate would pass half to his spouse, half to his children and descendants of any deceased child.

The issue is what constitutes his "estate." If he was remarried, he may have held many things jointly with his spouse. Bank accounts, homes, vehicles and other assets are often held jointly and pass to the survivor. He may have named his spouse or another person as beneficiary of retirement plan, life insurance, etc. Those proceeds would pass directly to the beneficiary. While you may benefit from exploring whether assets are available, it may also turn out that there is not much.

You've waited a year to ask this question, my suspicion is that you are asking for legal advice on the internet because you don't feel comfortable talking to your dad's widow (your step-mother). She is the individual who could probably let you know the answers to a lot of your questions. You might want to remember that she lost her husband when your dad died, and in a spirit of sharing your losses, you may wish to engage her in conversation.