Legal Question in Wills and Trusts in Illinois
frustrated
my father passed in 1989 leaving his wife the bulk of his estate.she passed a few years later.his wife had only one child who was a ward of the state. he was on social disability for mental disorders.if he were her only child would that money go back to my fathers children?if the state takes care of him would they get it?my father never intended for him to receive anything.how would i find out about if the state has money waiting for someone to claim it.
2 Answers from Attorneys
Re: frustrated
There are multiple if's here. If your father left property *outright* to wife, then at her death it will pass as she directs. Assuming it is titled in her sole name, it will pass according to her will, or if none, by state intestate law. In this case, that means everything to *her* only child, disabled or not. As your guessed, the property may then be subject to payback to the state and/or may disqualify child from further public aid.
If you think there may be unclaimed porperty out there, Illinois does have a website listing this at www.cashdash.net. However, I think that not all property shows up on there and it does so only after a certain amount of time has passed, but it is a good place to start.
Re: frustrated
working backwards -- you can search for abandoned funds in Illinois at www.cashdash.net
Unless your father left his property *in trust*, which doesn't sound likely, his desires and wishes are now out of the picture. Sorry, but it's her property to do as she wished. It would go by her will, or if no will by intestacy and if it went to that child perhaps the state could claim it, but it's completely treated as though it were his wife's money to begin with.
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