Legal Question in Wills and Trusts in Illinois
My right to my deceased father's estate
Question: My father passed away on February 16, 2006. He did not have a will. The only heirs are me and my two sisters and a step-brother(not by marriage) and he lives in Chicago. My dad died in Chicago I live in Texas. According to my step-brother my dad put him as beneficiary on his life insurance policy worth around $25,000. What are my rights? I would like to at least be able to slip the life insurance with the heirs. My step-brother basically has taken control of everything since we all live out of state. I want to know what the law says. The funeral costs total around $3000 of which I paid $2000. He has said he is the executor, I guess because we don't live there, but again we do not have a will. Please advise
3 Answers from Attorneys
Re: My right to my deceased father's estate
If he is the benificary on the life insurance policy, and no one else is named, there is nothing you can do, it is his money. In connection with the probate, if there is no will, it most states, you step brother is entitled to nothing. You may want to contact with an attorney in Illnois to gey advise on what you can do to stop your brother-in-law.
Re: My right to my deceased father's estate
Hello. Your rights can best be protected by
having an estate opened. By law, your dad's
will controls all of his other assets. A big
concern should be whether your step brother is
being honest in telling the details of your father's estate. I will be happy to answer
any additional questions that you might have.
Re: My right to my deceased father's estate
I cannot tell you what the laws of intestacy are in Illinois, but I can tell you that insurance proceeds pass by contract to the named beneficiary, without regard to intestacy or devise of a will.
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