Legal Question in Wills and Trusts in Illinois

You say you "don't want someone to benefit from my father's death" but isn't it really the death benefit you are worried about? Your stepmother isn't "someone", she was the person your father chose to share his life with, his personal and financial life. Because your father didn't leave a will, half of the probate estate will go to his widow and the other half will be divided among his children. However, any assets which have beneficiary designations or which are in some form of joint tenancy (presumably the residence) will pass to the surviving joint tenant or to the named beneficiary. If you have already received correspondence from an attorney hired by your stepmother, it appears she is mindful of the duty to follow the law and is doing so. Why are you waiting to hear from your stepmother? She just lost her husband and is grieving his loss just as you are. You can reach out to her and express your sorrow and your condolences and find out if there are any family mementos in her possession that you want to keep, and you can call the attorney for the estate for information.

You and your siblings, if any, should talk to a lawyer immediately. Under the Illinois laws of intestacy, you and your sibs are entitled to portion of your father's estate and you should have been notified that you had a right to nominate an administrator before the matter went to court the first time. You may also want to talk to her lawyer before you do anything just to get a better idea where he/she is taking this. You are entitled to an accounting of the assets. Its possible you simply don't understand the paperwork that you received or what it means. Anything that was in both of their names will go to your step-mother as the surviving spouse but so does the debt. The life ins. policies will go to whomever he named as the beneficiary, if no one, then the money will go to his estate to be divided by his heirs according to law. The 401K from his job will likely go to his surviving spouse if no other beneficiary is named. You say you have not heard anything from your step-mother, have you tried contacting her? When your father married this woman, he agreed to take care of her financially and if he made no provision for you and your sibs, it is unfortunate but its not unfair or illegal. Nor, is it her fault.