Legal Question in Wills and Trusts in Illinois

Re: estate distribution

Under Illinois law, you and your sister are entitled to an equal share of your brother's estate, with your father getting a double share. This means your father gets 1/2, and you and your sister get 1/4 each.

Personal feelings about another heir do not affect the above rules, and your brother's oral wishes do not constitute a valid will. If your brother wanted his estate to go to his nephew, he should have drafted a will saying so. Absent a will, the State writes one for you, and that is the first paragraph of this response.

I'm also concerned that you and your attorney are not in communication, i.e., that he or she doesn't answer your questions. Because you are the administrator, you have the right to hire the attorney, and make a change if you so desire. I recommend that you clear the air with your attorney, or ask your attorney for a referral to someone who is willing to answer your questions and work with you .

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.