Legal Question in Wills and Trusts in Illinois

Hi. In responding to your question, I'm assuming by your facts provided that your father was visiting Texas but lived in Illinois and substantially all his assets are in Illinois. If that is the case, and your father died without a will and his estate is to be probated in Illinois, then Illinois intestate laws apply. If one dies without a will, under Illinois law if there is a surviving spouse, she is entitled to 1/2 the estate and the other 1/2 goes equally to you and your siblings. However, keep in mind this rule only applies to estate assets, meaning those assets in your father's name only. If he had assets in joint tenancy with your stepmother, those assets would pass directly to her outside his estate, and you would have no right to them.