Legal Question in Wills and Trusts in Illinois
Grandmother steals her grandchildrens property
My ex-husband passed away and his mother opened probate and became executor of estate. Prior to her appointment I wrote a letter stating the children wanted their fathers belongings. I spoke with her lawyer asking when the children can have them. He stated she sold them and gave the rest to charity. The lawyer was aware of the children wanting the items and he allowed her to do it anyway. What rights do I have against the Grandmother and Lawyer. My children keep asking when they can have their fathers things. It is so sad they did this please help us.
2 Answers from Attorneys
Re: Grandmother steals her grandchildrens property
If your ex-husband had a will, and his mother complied with the will, there is nothing you can do. It depends on what the will says. If it left all his assets to his mother, that is where they go. If your ex-husband did not have a will, or a wife when he died, then his children are entitled to all of his assets. This means that his children are entitled to their share of the proceeds of his mother's sales, as well as their share of the value of the assets given away, which his mother will have to pay from her own funds.
Re: Grandmother steals her grandchildrens property
I concur with Attorney Stein. You need to find out if your ex-husband had a will. Good Luck.
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