Legal Question in Wills and Trusts in Illinois

My father has recently passed away, but about 8 years ago he had sued the hospital for performing another patients surgery on him. He was paying child support at the time, and still owes alot, that he had never paid. From my understanding I was suppose to receive a large amount of the money. His wife, had gone and spent most of the money. But I recently found out, there is some left that she can not get to. how can I go about getting my share of the money that is owed to me?


Asked on 11/17/11, 6:32 pm

2 Answers from Attorneys
Cyndi Perez Trostin

The first step would be to consult with a probate attorney to ascertain your rights. Do you know if your father left a will? If you are saying that there is some money that your step-mother could not reach, perhaps there is a trust involved? An attorney who specializes in probate will be able to walk you through the process.

Good luck to you.

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Answered on 11/18/11, 4:28 am
Virginia Prihoda Law Offices of Virginia Prihoda

My condolences on the loss of your father. My question is how did you determine your father owed you anything? There is no law that forces a deceased person to leave anything to offspring, although if there is no will, you are an heir along with your siblings, if any, and along with the person he was married to on the date of his death. An attorney can help you explore the strength of your claim and determine if legal action is possible and if legal action would be practicable (priority claims need to be paid before legacies: is there enough in the estate to make the fight worthwhile, and what is the priority of your claim).

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Answered on 11/18/11, 7:11 am


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