Legal Question in Wills and Trusts in Illinois

any rights as little sister of decesed sister with out a will(suposedly)

my older sister died after a 15 year battle with cancer last year. it came sudden and unexpected to where she could not communicate then she passed. her husband said she did not have a will and is not willing to give back to me, one of two surviving relatives(my brother is the other one)any of the family belongings or heirloms. my sister was given all the family belongings after my mother died in 1998, and my father died in 1972.

the brother in law said he has legal right to everything and that she had no will, none was filed, and that he has no legal obligation to return our family photo, films or anything for that matter. my challenge is that i am widowed also with a daughter, my brother is single, no children and will never have any. i desperately want these things back for my daughters sake. do i have any legal rights? and if so, how do i go about approaching him?

i have begged and pleaded thru tears. he says he can't find some of the things and will call me back. that was a long time ago and i have not heard anything. PLEASE, SOMEONE HELP ME!

beth


Asked on 12/12/02, 5:03 pm

1 Answer from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: any rights as little sister of decesed sister with out a will(suposedly)

I am sorry that I do not have good news.

Under 755 ILCS 5/2-2, when a will is not present, the estate is distributed throug intestacy. The code states that the surviving spouse receives the entire estate. If there is a surviving spouse and a descendant (son or daughter or their descendants), then half goes to the surviving spouse and half to the descendants.

You might be able to argue that you were entitled to the heirlooms if you can prove that she made a gift to you prior to her death. Otherwise, I thnk the best solution would to work it out as best you can with your brother in law.

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Answered on 12/12/02, 11:56 pm


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