Legal Question in Wills and Trusts in Illinois

If your daughter's father died without a will or trust, any estate property, such as real property, titled assets, etc, of which he is the owner, would be administered through probate in the local county. Without a will, his estate would be distributed through intestate laws, under which any surviving spouse and children would share. This is general information based on the facts in your inquiry. Specific advice requires a detailed review of the situation and

relevant documents.

Begin by checking whether a probate case has been opened or at least a will filed with the circuit court for the county in which the father resided. If there is anything, obtain copies.

If there was a will prepared before the your daughter was born, the law provides for her to be included. If there was not any will, she would share the same as any child. If there was a will prepared after she was born, then it would be more difficult to argue that she was to be left anything.

Do you know whether there is any "estate" to pass? Two concerns: (1) You mention a spouse. Often, spouses hold most things jointly, meaning the surviving spouse retains ownership. The assets do not pass through the estate. (2) Even if the assets do not pass to the spouse, was there anything of significance (such as equity in a home, investments, bank accounts that were not jointly titled, etc.)?

You mention that you cannot afford to retain an attorney. That may not be correct. While an attorney would not handle a probate matter on a contingent fee, an attorney may be willing to wait for most and possibly all of the payment to be made from the probate distribution. This would depend on the facts, including some of the items mentioned above.

My office is located in your area. Depending on the circumstances (location of the estate, likelihood of assets, . . .), I may be able to assist you. Please feel free to contact me any time by E-mail or after Tuesday by telephone.