Legal Question in Wills and Trusts in Illinois
my father died 5 years ago without a will and now my stepmother has passed also without a will. My father had myself and my sister while my stepmother had 2 children of her own also. Since there were no wills, how will the remaining estate be handled? Do my sister and I still have any rights to the remaining estate? They were married for more than 20 years and during that time my father was basically the only wage earner in the household.
1 Answer from Attorneys
More information would be necessary. This situation stresses the importance of having a will.
Upon your father's passing, if a resident of Illinois, you and your sister would have been due half his "estate." His wife would have been entitled to the other half. Usually, however, there is not much to the estate as property is often owned jointly with the spouse and becomes the property of the spouse, not part of the estate. You would need to have an attorney review real estate ownership, bank account ownership, etc.
Without a will of your stepmother, you are not an heir of any property which has been or became hers.
You may be entitled to things which were left to you as beneficiaries, such as life insurance or retirement accounts, but that probably would have come to your attention when he passed. So, more likely the wife was named if you did not receive anything.
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