Legal Question in Wills and Trusts in Illinois

Estate of Father

My Father in law passed away in Feb. of 2005 and estate still has not been settled. There seem to bee 2 major sicking points.

The house that my FIL bought prior to the marriage and payments were made straight out of a individual account in which my wife was listed as FBO. He had refinanced home 1 year before he passed and added stepmother as J/T (no mention of JTWROS). Stepmother renunced the will and already received 80% of a 800K estate that passed outside of probate. We can document she never had a financial stake in the home. We are curious if we could pursue the house?

Only items of FIL Personal estate we are looking to get are items that where left to him 7 years ago from his Parents & Aunt. Is Stepmother entitled to any of these items?


Asked on 1/18/06, 11:41 am

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Estate of Father

I would suggest having an attorney review the documents related to the house and the mortgage. He probably added her to the title of the house so that the bank would have another person on the mortgage (unless, of course, his main reason was to allow her to have the house upon his death).

Adding someone as a joint tenant is equivalent to giving them a gift of the asset.

Unless you can show that there was undue influence, or if he was not competent when he signed the documents, there may not be much that can be done at this point. However, that's why an attorney should review everything so you can receive an informed answer.

Renouncing the will does not mean that your mother-in-law is entitled to everything in the estate. Your wife still has rights that should be pursued. Again, please meet with a lawyer who can advise you on how (and whether) to proceed.

Good luck to you.

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Answered on 1/27/06, 6:30 pm


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