Legal Question in Wills and Trusts in Illinois

Life Insurance

My sister and my mom was served by mail on May 13th by an attorney who is representing my stepmom. My dad passed away on Jan of 06. My stepmom married my dad for 2 months before he passed away. My dad lived with my stepmom for 6 years in Illinois but did not divorce from my mom till 2004. However the life insurance beneficiary is listed as my sister and it was never changed so now the stepmom is coming after my sister and mom(who is very ill and cannot go downtown to Daley Plaza)and wanting the half of the life insurance. Does the stepmom have a case and is there a loophole. There was no will left from my dad. THe bank acct money has been divided up already.

Please let me know.


Asked on 5/15/06, 1:08 pm

2 Answers from Attorneys
Amil Alkass LAVELLE LAW, LTD

Re: Life Insurance

It is my understanding the named beneficiary on the life insurance policy would not be effected by a will unless the estate was named as the beneficiary under the life insurance policy. Because your sister was the named beneficiary, it does not appear that your stepmom would be entitled to anything, unless the will shows some sort of intention to disinherit your sister. The facts here are vague, will need more information regarding this issue. Contact our office to discuss. Goodluck.

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Answered on 5/15/06, 1:15 pm
John Lynch Lynch Law Offices, P.C.

Re: Life Insurance

Possibly, but I would need to review the probate petition and life insurance policy. I offer a free consultation - give me a call when you can.

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Answered on 5/15/06, 1:16 pm


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