Legal Question in Wills and Trusts in Illinois

mesothelioma

My father passed away in 2001 from mesothelioma, due to asbestos exposure. Dad had hired legal counsel for his illness 9 months before he passed. My brother and I had signed a settlement distribution sheet 2 weeks after dad passed away agreeing to 60% to stepmother and 20% each to my brother and I.

Most of manufacters have settled so far for over 10 million that the three of us (stepmother,brother and I)have received. Question that I have is, is it to late to recover the additional 10 percent that our stepmother has received. Since illinois intestate law is 50% spouse and 50% biological children. Brother and I were told by asbestos attorney at the time that we should not file probate or any other suit against stepmother because it may hurt outcome of dad's lawsuits. The settlement distribution sheet that we signed at the time has no letterhead. Is there any rights still after 7 years to recover the additional 10%.


Asked on 10/09/08, 4:45 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: mesothelioma

If you signed a settlement agreement (even without a letterhead) then that is generally binding. It sounds like the attorney gave you some bad advice. I don't think you will have much of a claim with a written agreement in place. If you want to discuss more of the details, please feel free to give us a call.

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Answered on 10/10/08, 12:04 pm


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