Legal Question in Wills and Trusts in Illinois

Re: estate without a will

Likely open an estate in court if the wife if giving you trouble. Depending on the value of assets he has there may be easier ways to proceed but not if there's not cooperation.

Re: estate without a will

If your father died without a will, then his estate (his assets) will pass by the laws of the state of Illinois (called intestacy).

By law, the surviving spouse inherits 50% of the assets, and the children inherit the other 50%.

This means that if the house was titled in your father's name alone, you and your siblings own 50% of the house and your stepmother owns the other 50%. If your stepmother is paying the property taxes and the upkeep, then this would essentially be an offset for rent that she would otherwise pay to you for your half.

In order to sell the house, you will all need to legally approve the sale.

The truck and other belongings should either be sold and split between the beneficiaries (as set forth above), or your stepmother can buy the car from you and your siblings for 50% of the value.

If there is no family agreement, you can file a probate estate to enforce the beneficial rights.

Good luck to you.