Legal Question in Wills and Trusts in Illinois
My step son who resided in Illinois at the time, passed away a few years ago. He was not married but he did leave behind a daughter. He didn't have much but one thing he cherished was a cello his mother had bought him twenty years earlier. At the time of his funeral his mother met with an attorney because my step son had outstanding debt and while listing his assets she very nicely left out the fact he owned the cello so it wouldn't get sold. The grandmother (his mother) is now saying that it was her cello, that she paid for it. My granddaughter was told it would go to her one day. He had no will. Who is entitled to the cello?
1 Answer from Attorneys
The statute of limitations has proabably passed with respect to the creditor's ability to assert its claim against your step son's estate.
The cello belongs to your granddaughter, i.e. your step son's daughter by "intestacy." When someone dies without a will his assets go to the intestate heirs. These are defined by statute. In Illinois your step son's intestate heir is his daughter.
It doesn't matter who paid for it if it was gifted to your step son. I don't know how valuable the cello is but it may be worth while to open a probate estate and list the cello as estate property. The judge would decide whether the cello belongs in your deceased step son's estate. If it does, your granddaughter will be entitled to it.
If you would like representation please contact me via my website: www.legacylaws.com.
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