Legal Question in Wills and Trusts in Illinois

Without reviewing the Will it is impossible to provide a good answer. You and your sister should contact an attorney in your area and ask him/her to look into the situation for you.

To the extent he left everything to his wife, the will would govern concerning estate assets and there is not any opportunity for adult, able children to claim a share unless it can be shown that your father was not competent at the time or that he was unduly influenced. These can be tough issues to prove and it does not sound like you are making that suggestion.

You will want to be certain the will is being correctly read. If you do not have the will, the original should be available at the office of the Circuit Court Clerk in the county where your father lived, where it should have been filed by the person in possession within 30 days after your father's passing.

There may be other, non-probate assets, that pass outside the will. For example, insurance and some retirement accounts may pass to a named beneficiary; jointly held assets will pass to the surviving joint owner.

If your father owed money to any of you, there may be a claim that can be made against probate assets. Careful judgment should be exercised in deciding whether to pursue that (see below).

In the event that your father's wife is receiving everything, you can hold out hope that the wills they prepared provide that you will receive something once both have passed and that your father's wife does not change her will during her lifetime. If there is some likelihood that you will receive your shares once your father's wife passes, you will want to be careful not to create a negative relationship.

All that said, you may also consider politely approaching your father's wife and asking if she would consider requests for certain of your mother's and father's possessions that have sentimental value to you as children.

You need to talk to your step-mother and explain that you want mementos of your mother. She most likely doesn't have any legal obligation to you or your sister, but I'll bet she understands you have a human need to treasure your mother's memory. If you have any bad blood between yourselves and your step-mom, now is the time to let it go. Your father picked her as his life partner, and that fact needs to be honored and respected even if you don't agree with the determination.