Legal Question in Wills and Trusts in Illinois

After the demise of my mother in 1986 my father got married to a USA citizen and shifted permanently to west Chicago illinois USA leaving three children in New Delhi india. Out of three two sons were married and settled and the only daughter now 52 years of age is till date unmarried 35% disabled due to psychaitric problem.

Now my father passed away in sept 2013 leaving properties I. Joint name with spouse and having saving accounts,stocks,401k but nominee my step mom.

What are the legal rights of my dependent sister being unmarried and disabled and I being a caregiver to her since last more than 25 years.

My step mom has taken over all the assests movable and immovable being a spouse.


Asked on 10/08/14, 11:08 am

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

While I would certainly speak with an attorney in DuPage County, Illinois, and cover the background in better detail, it appears your father either intended to leave everything to his spouse or was guilty of poor planning. Property held jointly passes to the survivor regardless a will or heirship. Accounts with a named beneficiary, likewise pass regardless of a will or heirship. So, from your statements, it would seem that there is not any estate subject to administration. If there was an property that falls within your father's estate, your sister, if she qualifies as an adult dependent child, would be entitled to a child's award and may also be entitled to share in the estate if there was not a will naming others.

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Answered on 10/08/14, 11:33 am


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