Legal Question in Wills and Trusts in Illinois

My father passed years ago and his wife has also since died. I am my father's only heir. On the Illinois treasury site for unclaimed funds I found my fathers name. In the owner section for the property information it says it is jointly owned with an auto company. There is no address for the company. Can I claim these funds on my own?


Asked on 6/23/17, 2:20 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

I am not sure that can be easily answered without, at minimum, a review of what is on the site and perhaps inquiring about the background of the company and any understanding you have about the connection. Assuming that the available funds are not enough to warrant attorney's fees, I suggest looking up the company online and on the Illinois Secretary of State website and then making contact with the State Treasurer's office about options you may have.

Another consideration is whether you are entitled to the funds. First, if your father had a will, then the provisions of the will would override heirship (the laws of descent and distribution). Second, since your father was married, it sounds like you were not the sole heir at the time of his passing. From what appears to be the background, his estate would have passed half to his spouse, half to you.

The above is based on assumptions made from your question and would be subject to clarification upon a review of the facts by a knowledgeable attorney.

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Answered on 6/23/17, 3:21 pm


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