Legal Question in Wills and Trusts in Illinois

Re: Sudden death with no signs of a Will

First of all, the family will definitely need to retain an attorney to settle the estates. There are many issues here -- too many to hit on in a short message. But, I will hit some key issues:

I am assuming there are no children here. Since "Brother" died first, his property will pass first (assuming there is no will) to his only heir-at-law -- his wife. Both property in his sole name and joint assets with Bro's wife go to wife. Now those assets are in Wife's Estate. If Wife has no will, her sole name assets will pass again according to state law. With no spouse and no kids, it will go to her siblings and parents. You mentioned she has a disabled sister -- for her share, the court will appoint a guardian ad-litem and/or a personal fiduciary to handle the share. Also, her share may be subject to recapture by the State if it has paid SSI. If Wife's parents are not alive, sister may be the only heir.

As you can see, there are many details to be sorted out here. I know it is not easy, especially when two relatives die so suddenly. It is generally not necessary to handle these things immediately. Feel free to pass on this information and my firm name if she is interested in a referral to an attorney in the Chicagoland area. You can also check out my website at http://www.illinoisestateplan.com

Re: Sudden death with no signs of a Will

Assuming that an estate

is opened for the wife

who recently died, the court

will appoint a guardian ad

litem for the disabled brother

and in all likelihood the

property would be liquidated

with the funds being held in

trust for the benefit of this

brother.