Follow
Share
This question has been closed for answers. Ask a New Question.
Just to throw a wrench at the
monkey -

If there is a will naming an executor, it is not always a slam dunk. The will needs to be submitted to a probate court where a judge must approve the appointment of the executor. After that, the approved executor will receive a Letter(s) of Testamentary from the court and signed by the judge as legal proof to banks, real estate agents, etc that the person can legally act on behalf of the estate.
Helpful Answer (2)
Report

However assets that transfer outside probate like a joint bank account or jointly held property may not have any claim allowed by a child.
Helpful Answer (0)
Report

From CM's recommended website.
Level 1 spouses, children and descendants
One of the quirks the Illinois rules of intestate succession is that if a person dies with a spouse and children the spouse does not receive everything. Many people do not complete estate planning documents because they think their husband or wife will inherit all assets when they die. The children (no matter how young) of a married person will receive half their estate when they die. This causes particular hardship when the children are very young because an estate must often be set up and the young children cannot gift the assets back to their mom or dad until they are 18.
Spouse only: If the decedent dies leaving a spouse, but no descendants (children, grandchildren, great-grandchildren ect.), the spouse inherits everything.
Spouse and descendants: If the decedent dies leaving both a spouse and descendants half the decedent’s assets go to the spouse and half to the descendants, per stirpes.
Descendants only: If the decedent dies leaving only descendants, all assets go to descendants, per stirpes.
Level 2 siblings and parents
Parents or siblings, but no spouse or descendants: If the decedent dies leaving no spouse and no descendants, but leaving parents or siblings, the estate goes to the parents and siblings in equal shares. However, if one parent dies before the decedent, the surviving parent receives a double share. If a sibling died before the decedent, that sibling’s share goes the that sibling’s descendants, per stirpes. If the sibling that died before the decedent has no descendants, then that share is distributed among the parents and other siblings.
Level 3 grandparents and descendants of grandparents
Grandparents, but no spouse, descendants, parents or siblings: If the decedent dies leaving a grandparent or descendants of grandparents (aunts, uncles, cousins), but no spouse, descendant, parent or sibling, half the estate goes to the maternal grandparents in equal parts, or to the surviving maternal grandparent if only one is living, and half the estate to the paternal grandparents in equal parts, or to the surviving paternal grandparent if only one is living. If there are no surviving grandparents on the maternal side, that half of the estate goes to their descendants, per stirpes. If there is no surviving grandparent on the paternal side, that half of the estate goes to their descendants, per stirpes. If this is no grandparent or descendant of the grandparents on one side, the entire estate goes to the other grandparents or their descendants, per stirpes.
Level 4 remote relatives
It is very unusual to have to go beyond grandparents and their descendants to find an heir to an estate. If this is necessary, the representative of the estate continues to go back a generation (great-grandparent, great-grandparent ect.). With respect to familial heirs, the Illinois Rules of Intestate Succession ends by stating that the estate goes to the nearest kindred in equal parts and equal degree. Contrary to popular belief, the decedent truly has to have no living relatives, no matter how remote, for their estate to go to the government.
Level 5 the state
If there is no surviving spouse or known kindred, the decedent’s real estate goes to the county in which it is located. The personal estate physically located within the state or outside the state, but subject to ancillary administration, goes to the county in which the decedent was a resident at the time of death. All other property goes to the state.
Helpful Answer (1)
Report

It is dad's choice. His will, if there is one, designates who he wants to distribute the estate. It may not be you OR step mom, it could be a friend and if there is conflict between you and step mom it may very well be an attorney.

I see from your profile, no will. Step mom never adopted you after 65 years of being married to your dad. Step mom will be responsible, makes no difference your relationship to you.
Helpful Answer (1)
Report
Geaton777 Nov 15, 2019
Actually, the OP doesn't say if there's a will or not in their profile: " I was wondering about will and probate and my legal rights."
(0)
Report
If your father did not leave a will, this website explains the situation in IL thoroughly and clearly: https://bc-firm.com/illinois-rules-of-intestate-succession/

If your father did leave a will, the will should state who he appointed to be his executor(s).
Helpful Answer (1)
Report

If your father had a will, whoever is named as his executor is who handles the estate. If he didn’t, you will have to go through probate. If he left a lot of assets, etc., your best bet is to get an attorney to help.
Helpful Answer (1)
Report

Did your dad leave a will?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter