Legal Question in Wills and Trusts in Illinois

Re: Father's Estate

Probably not, but it will depend how how the bank account is titled. If it is in joint tenancy with the "live-in girl friend" the the account is all hers. Otherwise you may be entitle do some of it.

Re: Father's Estate

If the lady's name was on the account as a joint account holder. the answer is no. She would have full right to add or deduct money which makes it hers. Sorry.

Michael

Re: Father's Estate

Quick answer: maybe. Assuming she was added as a joint tenant with rights of survivorship, the general rule is that it passes directly to the surviving joint tenant, bypassing the estate. However, there is an exception to this rule for what is termed a "convenience account". If the estate can adequately prove that she was added merely as a convenience (to sign checks, pay his bills, etc) and that your father didn't intend her to receive the account at his death then it can be pulled back into the Estate and distributed under his will or intestate estate. There also may be issues relating to undue influence by the girlfriend.