Legal Question in Wills and Trusts in Illinois

Re: Can I legally do anything with no will?

To elaborate on Attorney Gottlieb's well-summarized response...

If you believe yourr father will have remaining assets after all bills and expenses are paid, you are entitled to a share of his estate. As Attorney Gottlieb stated, your father's probate estate will consist of all assets held in his name only, without previously designated beneficiaries.

To protect your interest in this property, you should open a probate estate. I believe it is best to file first, because the first to file very often will get appointed estate administrator (aka executor). The adminstrator will also be compensated for her time with assets from the estate. Being the administrator also helps you to make sure all transactions and distributions are performed in a fair and ethical manner.

If I can be of further assistance, please don't hesitate to contact me. Palos Heights (708) 361-8819

Re: Can I legally do anything with no will?

You are right that the letter will have no effect...unless it was signed and witnessed to as required by the Illinois laws for wills. Assuming he left no valid will, any property titled in your father's SOLE NAME (his "estate") will pass 1/2 to wife and 1/2 divided between children. Of course this is after all valid debts of his are paid from his estate assets. Note that property held in joint tenancy with spouse goes directly to spouse and does not pass as part of the "estate". As far as the personal property that belonged to your father, it *should* be considered as part of the estate and treated like other estate assets.

Prior to the estate paying debts to creditors, however, a surviving spouse is entitled to at least $10,000 for support and each minor or adult dependent children is entitled to at least $5,000 each. A probate estate would need to be opened to obtain these awards.

Obviously there are multiples if's here and manu more potential issues, so I suggest that you contact an attorney to determine the best course of action.

Good luck.