Legal Question in Family Law in Illinois

My mother passed away many years ago and since then my father has remarried. He is now in a nursing home and my stepmother has moved out of their home to a senior living. My stepmother has 3 children from a past marriage. I have 2 siblings. I am worried that when my father passes away, my stepmother will get everything. Then when she passes away her children will get everything that was my fathers. His own children will not get anything. What can be done to avoid this?

Asked on 11/11/13, 7:48 am

3 Answers from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.
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If your father does not have a will, then your stepmother would receive 1/2 of anything that is owned by your father in his name only, and you and your siblings would divide the other half. Anything held in joint tenancy by your father and step-mother would pas to the first to die. Thus is Dad dies first and all the bank accounts are owned jointly all the money passes to step mother and then her kids. So you may have reason to be concerned.

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11/11/13, 8:09 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis
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You need to insist that Dad execute a Will assuming that he is competent to do so. Please contact an attorney in your area to determine the feasibility of doing this.

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11/11/13, 9:00 am
Lela Davis Law Office of Lela J. Davis
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Your father should execute a will. please contact an attorney to do so.

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11/11/13, 9:21 am

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