Legal Question in Wills and Trusts in Illinois

Mother Passed, Stepfather Is Trying to Change Will
My mother passed and made known that I as her only child was to get 1/2 of the estate. My stepfather has 6 children and his 1/2 was to be split among them. My mother died tragically and only now 2 years later am I receiving a call from one of his children stating her father was changing the will but can't find the old one and therefore I am supposed to get part of her life insurance. He is still alive but in the event of his death, shouldn't I be entitled to my mother's half of the estate also, they were married many years and were both retired when she died. She always made it known that she would will me her half and he could will his kids his half of what they built together. I haven't had contact with my stepfather for the past year, he doesn't want anything to do with me or our family. His kids have all swooped in. Do I hve any recourse? What should I do? I don't want to sign off on the partial life insurance only and leave the rest for him to distribute to his kids after his death. I'd rather have my mom back but now it is a matter of principle.

Asked on 3/28/09, 12:41 am

Cyndi Perez Trostin

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Re: Mother Passed, Stepfather Is Trying to Change Will

Without a will, half of your mother's share will pass to her surviving spouse and half to her children.

Unless there was a will that was filed with the court that says otherwise, this it the distribution that must be followed.

Please consult with an attorney to review your rights in this situation.

Let me know if I can assist you.

Answered on 3/28/09, 10:54 pm

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