Legal Question in Wills and Trusts in Illinois

My grandmother passed away two years ago this month. Her house is part of the estate - my aunt is in charge of estate and is allowing her daughter (and family) to continue to live in home rent free. My dad as well as myself have not received anything from estate. My cousin has lived in my grandmas house for 5 years now, which again been rent free as well as utility free. Previously my grandma was in a nursing home.


Asked on 7/04/12, 5:26 pm

1 Answer from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

Although you don't say it in so many words, it appears you believe you are entitled to some part of this estate. Your rights must originate from language in your grandmother's will, or if she had no will, from the Illinois laws governing intestacy. If your grandmother had a will, you need to read it (it should have been filed in the county in which your grandmother lived) or if there is no will, you need to talk to the aunt. If your aunt initiated a court proceeding in the probate courts in your county, either to probate the will or to administer the intestate estate, you can ask the court to hear your complaint. If the aunt never initiated a probate proceeding, you can step forward and do so. Your father is most likely the heir with standing to assert a claim in the estate. Do some background investigation and talk to a lawyer, but try to get some conversation going with the aunt first

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Answered on 7/05/12, 8:06 am


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