Legal Question in Wills and Trusts in Illinois

Please help my Dad I don't know what to do

My father's step children are sueing him because they don't want him to get nothing from there mother.They state that there mother didn't know my father was married before but she knew all along. There mother was the witness on my fathers divore degree that he signed to divorce his first wife.My dad hadn't seen his first wife since 1980, when he left Chicago. Can they stop him from living in the house they had together,take his car that's in his wife's name,

her 401k, and his spouse support he gets from her job?

They buried her and wouldn't even let him see her. And my

dad has been going through something ever since. Please help


Asked on 6/27/03, 12:43 pm

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Please help my Dad I don't know what to do

Your father has certain rights under the law to his lawful wife's assets at her death, such as to a certain share of them no matter what any will says to the contrary. Your father should immediately hire a competent attorney to review the specific facts relating to his late wife's assets. Feel free to call me. Larry Stein (630) 221-1755.

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Answered on 6/27/03, 12:46 pm
Jay Goldenberg Jay S. Goldenberg

Re: Please help my Dad I don't know what to do

Even if their claim were true, it wouldn't matter.

Your father has rights:

as beneficiary of the 401(k)

if the house was in joint tenancy he's the owner

he's entitled to half the estate if there's no will, and even if a will cuts him out he's entitled to 1/3.

None of these things happen automatically. He needs good legal representation to *enforce* his rights. I urge you or he contact me immediately at 312-346-7899 or by e-mail for a free consultation.

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Answered on 6/27/03, 1:40 pm


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