Legal Question in Wills and Trusts in Illinois

My question deals with the estate of my wife's deceased mother in Cook County, Illinois. My wife's mother died a year ago in February. For the preceding ten years, my wife and her mother spoke little due to abuse issues my wife endured as a child which her mother refused to deal with. My wife's siblings took care of her through her cancer which my wife wasn't even told about until near the end. Her house was paid off long ago so that's not an issue. My wife has had communication with her siblings but not much and the relationship is strained. I don't think my wife's mom had a will and I don't know if the estate has gone through probate. Sooner or later, the estate will have to be dealt with. As the oldest child, does my wife have rights to any portion of the estate? What if my wife�s mom signed over the title of her house to her other two kids before she died�can my wife still claim a share? Her father's wishes (whose death preceded her mothers) would have wanted it divided equally. How can we find out if there was a will or if the estate has gone through probate? Is there a time frame we need to be aware of?


Asked on 4/03/10, 9:27 am

1 Answer from Attorneys
David Labovitz Labovitz Law Firm, P.A.

Hi. If there was a will, then whoever has possession of it is required by law to file it with the clerk of court. If there is a will, then the mother could distribute her estate in any way she saw fit, equal or unequal. If there was no will, then she died "intestate," and each sibling would be entitled to a share under the intestacy laws. However, anything held jointly would pass directly to the surviving joint tenant regardless of the terms of a will or the intestacy statutes.

You can search court records to see if a will was filed and if a probate was opened.

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Answered on 4/08/10, 9:51 am


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