Legal Question in Wills and Trusts in Illinois

Re: Recipents for a deceased Heir

The answer to your question depends on the value of his estate, the type of holdings, how they were titled, etc. In other words, there are different answers, depending on the answers to a list of questions regarding his assets.

Just because an estate is not probated doesn't necessary mean there wasn't a will. However, if there was a will, the executor (or the lawyer who had it in his possession) would have had to file it with the county clerk (this is mandated by law).

You should sit down with an attorney who is well-versed in probate law, and determine what should be done in this situation, and what rights you, and other family members have.

You might want to schedule some time to talk with the probate attorney handling your mother's estate.

Good luck to you.