Legal Question in Wills and Trusts in Illinois

Re: Probate Matters

Hello. It would be a good idea to have representation in this situation.

Certainly it is in the best interest of your minor sister to determine whether your dad had any assets that she is entitled to as an heir. Since

she is a minor it would be necessary to open a minor's estate once you determine that she is entitled to an award. It would have been great had your dad had a will, but in this situation the best course of action is to retain an attorney to search for any assets of your dad and to open an estate if the situation warrants that type of action. I will be happy to answer any additional questions that you may have.

Re: Probate Matters

It is not up to your mother as to whether your father's estate should go through the legal system. He passed away and thus must be subject to the laws of intestacy (no will). If your mother refuses to do that, you should get an attorney, whether its our firm or someone else, and have the estate properly probated and resolved. I am troubled that a spouse would not file the appropriate paperwork when the deceased has minor children. All you children are entitled to 1/2 collectively of your father's estate, including assets. Let me know if you have more questions.