Legal Question in Wills and Trusts in Illinois
My sister passed away recently, she left a husband and two sons 17 yrs and 19 yrs old behind and had NO WILL. The eldest son asked me how can he get help in knowing what his mother left for me, because his father will not tell him anything nor give him anything. I know my sister had a few bank accounts and pension plans, but without a WILL what can my nephew do the get what he is entitled too?
2 Answers from Attorneys
He can petition for a probate estate to be opened. However, keep in mind that it may be that your sister held everything jointly with, or payable to, her husband, so there may be no estate assets. If there are estate assets, her sons are entitled to half of them.
He may be entitled to nothing. If all of the bank accounts, real estate, vehicles, etc., were held jointly with her husband (which would be very common), those things would go to her husband only. If there were things which were not held jointly, then 1/2 half would go to her husband, and 1/2 would be divided equally between her children.
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