Legal Question in Wills and Trusts in Illinois
My adult son passed away in October. He and his son lived with me, with him being primary custodian. His mother wants to take custody, which I do not have a problem with at all but do I have to hand over all of my son's legal paperwork and things since the son is the legal heir? How does this work?
2 Answers from Attorneys
I am sorry for your loss. While your grandson's mother has the parental rights which apparently there is not any reason to challenge, she is not in a priority position to address your son's estate. I encourage you to arrange a consultation with a well-recommended probate attorney serving your county.
If the mother still retains her parental rights then nothing further needs to be done with the custody of the minor child. Regarding your son's estate, it is important to review whether your son had an estate plan in place, and if not, probate may be necessary depending on his assets/debts. I encourage you to speak with a probate attorney to determine what needs to be done, if anything.
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