Legal Question in Wills and Trusts in Illinois

Father in Law's Estate

Little background, my wife is sole beneficary to her dad's estate. 2nd wife(married 1997, she filed for divorce from FIL in 2002 due to him not changing will)and she has renounced will.

FIL bought home in 1993 and made all mortgage payments from a individual account he recieved from his parents. We are currently looking for the deed but believe was held as FIL name , Stepmom's maiden name as J/T. If this is the case, does house pass to stepmom without probate?

What happens with personal property owned before 2nd marriage and property willed to him thru FIL aunt( my wife was to receive aunt's things if FIL had passed before aunt)?

Car Title: Again same as house (made all payments on 3 cars) be we know stepmother name is listed below FIL name on titles. Is that assumed to be Joint Property so it all passes to stepmother.


Asked on 4/06/05, 12:37 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Father in Law's Estate

Any property that was held in joint tenancy would pass to the remaining joint tenant(s). It would not be part of the probate estate, except for estate tax purposes. If your father-in-law added her name to the title, then he must have meant for her to have an interest in it. The fact that they divorced prior to his death does not change the title issue. Same thing on the car(s).

You can find a copy of the deed at the county recorder's office where the property is located.

All remaining property would pass according to the will.

Your best approach is to have an attorney review all documents (after you obtain a copy of the deed) and give you an opinion based on all of the facts (which I can't do here).

Good luck to you.

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Answered on 4/06/05, 8:25 pm


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