Legal Question in Wills and Trusts in Illinois

My Mother passed away this past summer, without a will. My stepfather is 78 and in decent health. He told my sister and myself when he dies his daughter gets the house and property he and my mom jointly owned, they were married for almost 25 years. He does not have a will, he's just telling that she gets everything. Is there something I can do to get my mothers half of everything? She told several people once they were both gone the house and property were to be sold and split between the three of us. What can I do?
I live in Illinois but they were living in Indiana.

Asked on 1/09/11, 2:58 pm

2 Answers from Attorneys

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If your mother and your stepfather owned the property in joint tenancy, then he is the sole owner of the property and can decide who is to be the beneficiary of the property when he dies. If he does not have a will, then the property would probably pass to his children, unless he remarries.

Unfortunately, unless you can convince him that you and your sister should be entitled to something from your mother's estate, there is nothing you can do since it is his property.

On the other hand, if the property was held in something other than joint tenancy, then it is possible that you may have a claim against your mother's half. The recorder's office of the county where the property is located would have this information (the deed).

Good luck to you.

Answered on 1/16/11, 12:45 pm

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