Legal Question in Wills and Trusts in Illinois
Dad's Personal Accounts
My Father passed away in March of 05. I was named sole beneficary of his estate in his will. My Stepmother has renounced the will and according to IL. Law, is entitled to 1/3 of his estate. She has already taken all Joint account 401K, Mutual Funds, Pension fund and Savings Accounts. She also has my Father's house that was purchased before their marriage. I have not asked for anything my father bought during their marriage, I only want personal property that was given to my father by his parents and a aunt. My stepmother is trying to claim that 1/3 of said property is hers knowing we have not asked for 1 peice of property he accuirred alone during said marriage. We are hoping someone might clear this up. My last question is my Father received a inheritance( 15 years ago) before he married stepmother(7 years ago). He left stepmothers name off this 1 account,now she claims to be a 1/3 recipent of this 1 account. She is receiving over 75% of estate without this account(60% if she recieves 1/3 of said account). Does she have a valid claim to this. She has said in past e-mail she knows that this money '' different'' from all other account, but that was 3 months ago , seems she has changed her mind about it.
1 Answer from Attorneys
Re: Dad's Personal Accounts
I'm sorry to hear of your loss, and of how things are proceeding.
My first question is: how did your stepmother "renounce" the will? Was this done in probate court? Is there a probate case pending?
From all of the issues you raise, you should speak to an attorney who can review the facts more thoroughly than through a web posting.
Please feel free to e-mail me.
Lastly, some of the items you name: 401(k), pension, and anything in joint tenancy, is not part of a distributable estate. These items would go to the named beneficiary (usually the spouse unless she waives the right), or to the surviving joint tenant.
You said that the house was not in her name however. That means that it would pass according to the will. In order to have a will contest, there must be a probate action.
Let me know if I can assist you in this matter.
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