Legal Question in Wills and Trusts in Illinois

Rights of minor child without a will

My ex-husband recently died and the family refuses to turn over his personal property to the children and my ex mother-in-law is claiming i owe the estate money. My ex was arrested for non payment of many items including childsupport. How do i get some belongings for my children and does child support get paid first from the estate? Does my children have to pay for a funeral they could not stay at because we were threatened?


Asked on 8/26/02, 1:00 pm

1 Answer from Attorneys

Jay Pollak The Pollak Law Firm, LLC

Re: Rights of minor child without a will

You have a lot of questions. The best advice is that you need a lawyer to sort this all out. If your ex had a will the personal items would be determined as per his will. If he died without one than your kids are probably entitle do some thing but the fact will dictate what and how much. I am not sure why you would owe money tot he estate but if there is an estate you should file a claim to attempt payment of all deliquent payments to you. Once again more facts are necesary and you need a lawyer.

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Answered on 8/26/02, 5:21 pm


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