Legal Question in Wills and Trusts in Illinois
greedy stepchild wants everything
My mother and stepfather have been living together 25 years, married for the last 14 of those years. One year before their marriage they bought a commercial construction business,my stepfathers name was the only name on the business with my mother an authorized signer on the business checking account.My stepfather passed away two weeks ago without a will. one of his children from a previous marriage has decided he is the new owner and has contacted all the people who owe money to the business and told them to make payment in the name of this child instead of the business name and he has opened a new checking account under the business name and has been cashing checks not made out to the business name. he has not been given permission by anyone to do this, what does my mother do to stop him, this business is what paid their bills, what rights does she have or what should she do first? (they have no children together,if that matters)
1 Answer from Attorneys
Re: greedy stepchild wants everything
Your mother could open a probate estate in court with respect to your step-father's death. An administrator would be appointed who would have the right to collect all the assets of your step-father's estate, and distribute it to your step-father's heirs. Half of the estate would descend to your mother, and the other half to your step-father's children, from whoever. If your mother wants to take action, she is welcome to call me.
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