Legal Question in Wills and Trusts in Illinois
My father passed last year and left a will. He left everything to me and my children. He also has a teenage daughter. I just got a letter from an attorney that says that she is entitled to one half of his estate. Is this true?
3 Answers from Attorneys
If your father left a valid Will, and the Will is not successfully contested, then she would not be entitled to one-half of the estate. From your question, it sounds as if his teenage daughter, or her representative, is contesting or planning to contest the Will. The executor of the Will is under a duty to defend the Will.
If you don't have your own attorney representing your interests, it would be wise for you to retain counsel. Please feel free to call me to discuss, there is no charge for an initial phone consultation.
Your father's will may have been written before his teen aged daughter was born. In that case she may be entitled to part of he estate as a pretermitted (accidentally left out) child.
We would need to take a look at the will to find out exactly what is in it.
the daughter may have an interest in the estate. is this a daughter born during a marriage or outside of a marriage? are there any other siblings? if you want to discuss further, please call me at 312-372-5600.