Legal Question in Wills and Trusts in Illinois

No will estate

My elderly uncle died in a car accident. His wife died several weeks later from her injuries. My father and his sister are the only immediate survivors of my uncle and my aunt was survived by several neices and a nephew. Because my aunt died last do my dad and aunt have any legal rights to the estate which is $700,000? There is no will.


Asked on 2/22/05, 9:36 am

1 Answer from Attorneys

Re: No will estate

Given the size of the estate, and the fact that there is no will that you know of, the estate(s) will have to be probated.

If your father and your aunt are the only known relatives, then they will most likely be beneficiaries of the estate. However, there may be others that have an interest in the estate (children from prior marriages, e.g.)

As an interested party, your father may petition the court to open the estate.

I would advise you/your father to seek the advice of an attorney who can review all of the information you have regarding your aunt and uncle, the other family members, and the estate matters.

Good luck to you.

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Answered on 2/22/05, 4:44 pm


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