Legal Question in Wills and Trusts in Illinois
My sister married in 1974, she had an eight years old son from a previous relationship. She (my sister) died in 2010, her husband died a year and a half later 2012. His sister and her daughter claimed everything my sister and her husband had acquired since marrying in 1974. There were at lease three insurance policies , household items money in the bank and bonds. My brother-in law's sister did not allow my nephew any say in decisions regarding burial or finances. He did not have a will, can his sister and niece take everything and not share in formation concerning his estate.
2 Answers from Attorneys
This would require some work to sort through, but without a will your sister's "estate" should have gone 1/2 to her spouse, 1/2 to her children. The question is whether there was an estate. Property held jointly passes to the survivor (often the case with homes, bank accounts, automobiles). Insurance and many benefit plans usually pass to named beneficiaries. Arguably, goods bought for the house were joint purchases. The bonds should be reviewed regarding ownership (or an inquiry made directly or using an attorney). You may spend on legal fees only to find that there is not enough to warrant further action, but taking the first step is the only way to find out.
Your nephew most likely wasn't entitled to anything from his step-father's estate (or his mother's estate). I encourage you to help your nephew resolve how to move ahead in his family life without resentment (he's not asking the question, you are so maybe he's not so troubled as you are). I also hope you find the unsettled nature of your family situation a good example of why writing a will is helpful to those left behind to deal with the affairs of a deceased person.
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