Legal Question in Wills and Trusts in Illinois

Re: Dad disinherited us!

You don't indicate how your dad transferred the property to his caretaker's kids. Under Illinois law, natural children are entitled to notice of any probate action if they are "heirs at law" which is what you are. If there were no will, you would be entitled to inherit under the law of intestate succession.

If the property were transferred otherwise, probate may still be the appropriate forum to contest the transfer, if in can be set aside on the basis of undue influence, or otherwise. You should consult with an estate lawyer to learn your rights in the circumstances.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.