Legal Question in Wills and Trusts in Illinois
My father passed 2 months ago. His assets, not to include real estate are below $50,000. My father's will has not been recorded and my brother and sister prior to dad's passing removed all belongings. The bank has frozen dad's accounts. What rights do I have in Illinois?
1 Answer from Attorneys
Your question raises a lot of underlying problems. Were your siblings caring for your father prior to his passing? Did you know of the existence of a will that can not now be found?
Who has access to the house?
As a beneficiary of your father's estate, you have rights according to Illinois law. Many of your rights are determined by a valid will, if there is one. If not, your rights are determined by the laws of intestacy of this state.
If the bank has frozen assets, it is probably because no one has been authorized to act on behalf of your father's estate.
You should seek the advice of an estate planning or probate attorney to review your rights. Let me know if I can assist.