Legal Question in Wills and Trusts in Illinois

Re: Father died

Indiana law requires probate of a will in all cases, but does not require there be a formal administration (where the executor is appointed by the judge and is responsible to report what he has done to the court and the heirs or devisees) unless the estate is worth more than $25,000. Insist upon a copy of the will and take it to an attorney to review. If you believe there was another will (either before or after this particular will) and you know what attorney wrote either one, then contact that attorney for advice. If you are seeking distribution of mostly property that would be considered momentos of your father (because his net worth was less than $25,000), then you probably need to hire an attorney to have one of you appointed personal representative and an objection to the will if you suspect it - or just to force the will to be probated.

Re: Father died

I'm sorry for your recent loss.

It is hard to comment without seeing the actual wording of the will. For example, the will might say "I leave to my descendants" which wouldn't mention you by name but would leave to you. On the other hand, if it says specifically it leaves to him, then it is different.

Assuming your father had significant assets in his name alone, the will would have to go through probate -- which is the process of determining who is entitled to the estate --- the will being the important determiner.

You and your siblings are heirs -- people who receive by law if there is no will. Therefore you have a right to contest a will. Understand that contest is not based on "we don't like it" but specific legal failures (not signed or witnessed properly, undue influence, etc.). Your father had a right to leave to whomever he wanted, the only question is -- does this document reflect what *he* wanted?

If you would like to discuss this further, please give me a call at 312-346-7899.