Legal Question in Wills and Trusts in Illinois
Information being withheld
My father passed away recently. My parents were married, however, my father had some misgivings about how my mother would handle his estate upon his death before her. Several years ago he had set-up an account with POD for myself and three sisters with only his name and ours and no mention of my mother on account. Since his death she has refused to allow any of her children to see our fathers will. Would she have any claim to the account which was set-up for the children above what is stated in the will?
1 Answer from Attorneys
Re: Information being withheld
Under the probate laws of Illinois, if there is a will in existence, it must be filed with the county.
If an joint account was established in joint tenancy with rights of survivorship with your father and siblings, but did not include your mother's name, then the account would remain to be yours and your siblings'. Your mother would not have a claim to the funds.