Legal Question in Wills and Trusts in Illinois
My father has passed away 7 yrs. ago, has 2 children, & was married to my stepmother, who has 3 children, he left everthing to my stepmother, & in their will, it states that when she passes, everything is split between the 5 children. My stepmother has gave her 3 children lots of $$$., bought cars, appliances, ect over the last 7 yrs., for them, and my brother & I have only asked for material things out of ther house that belonged to our "parents,"( I.E., my mother's diamond ring, vases, ect) Her reply is always no, anything that we can do about this??? If not, by the time she passes, and if the will is not changed, my brother and I are really going to be shortchanged be these step-siblings.
2 Answers from Attorneys
This story has played out many times over the years. It is unfortunate that it happens. To avoid this I recommend that people in second marriages have special plans in place.
A special type of trust called a Q-tip trust can make sure that funds are available for the use of the surviving spouse during her lifetime (wives usually outlive their husbands) and at the same time can make provisions for the husband's children from his first marriage.
This type of arrangement works the same way if the wife dies first.
It can help to limit the chances of the survivor might misdirect the inheritance which the deceased spouse wanted, eventually, to go to his or her children.
Sadly, you are in a very vulnerable situation. However, it is possible that your step-mother could die with her will unchanged in which case you would shere in her estate along with her children. The trouble is she can change her will at will. Based on her response to your inquiry I would guess that she has. But when she passes you open an estate and see if her will still includes you.
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