Legal Question in Wills and Trusts in Illinois
estate
My friends father died, her brother never told her, she found out from a friend of her dads. The 1/2 brother claims she has nothing coming; he claims the father cashed in life insurance policies, everything according to his will is to be split, numerous homes & belongings. He has not let her see any belongings to see if she wanted anything; he says she has nothing coming since the father put his name on the deeds; but the will states this & says everthing is to be split. She has no money to hire an attorney, her 1/2 brother is very wealthy & is trying to keep everything. Does the will override the deed? What should she do?
2 Answers from Attorneys
Re: estate
She needs a lawyer. Contact Illinois Legal Aid for a referral: http://www.illinoislegalaid.org/
Re: estate
In most circumstances, a Will does not "override" a deed. However, you can check public records to see if those transfers actually occured, and your friend may have the option to litigate the propriety of those transfers. Also, a deed is not used to transfer tangible personal property (e.g. jewelry, furniture, automobiles), nor is it used to transfer money in any form (e.g. bank accounts, stock). Transfers of such items are usually accomplished by a designation associated with the asset (e.g. a joint tenancy account, a payable-on-death account, a joint listing on title to an automobile) or by a testamentary document such as a Will or a Trust. I need more facts before I can respond further. Feel free to direct your friend to call me at 312.853.8462 to discuss this. There would be no charge for the phone call.
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