Legal Question in Wills and Trusts in Illinois
divorcee's rights to inheritence monies
Married in Illinios for approx 15 years, divorced one person resided and filed in Hawaii the other in Florida. During marrige husband received money from stocks when turned 21 yrs old, father made him sign over 3/4's of money threatening to prove him incompodant to receive any if did not sign over to him due to several legal issues involing violence, drugs, battery and mental institutionalization, with the promise of upon demise would be returned in will on the day of our wedding picked him up from airport and drove straight to lawyer office. Passed away approx one year later worth approx 5 million, new wife no where to be found contested will after receiving nothing to no availability of the new wife or monies. Now 20 yrs later informed ex that he is listed on state records that someone has left him something and he could not be found. We beleive per rumor she has also passed in California had no one I informed him of these findings also his brother. If in fact it is recovered promised inheritance monies, am I entitled to half or any One grown child uncontested divorce and still friends but he is remarried and so was I do I have a right to any of whatever it is, seeing I was with him most likely at time of initial event.
1 Answer from Attorneys
Re: divorcee's rights to inheritence monies
The first question would be whether the father had a will, and whether it was filed with the Court. If you know the county of his death, you can check to see if the will was filed and what the status of the estate was, if one was opened.
If the father died intestate (without a will) in Illinois, the estate would have gone to his wife and children. You say that his wife has passed away, but her share would have then gone to her heirs or beneficiaries.
If the father died intestate, your ex would be entitled to a share of the estate and this is probably what the unclaimed property is, if he was not found when distributions were made.
However, unless you were personally named in a will, you would not be entitled to a direct share of the estate, given the facts you list in your question.
You should have an attorney review your claim. It is possible that if you were living in a community property state it could change the answer. Only someone with ALL of the facts can give you a complete answer.
Good luck to you.
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