Legal Question in Wills and Trusts in Illinois

My father is in prison for murder my mother was killed where does the property go?

Asked on 10/28/13, 1:56 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

I would suggest that you work with a probate attorney in or near the county in which your mother lived. The probate act provides that in the event of murder, that share would be nullified. It would be treated as if the murderer died first. So, if there is a will, it would need to be interpreted that way. If not, then state statute provides where there is no surviving spouse, everything to the children (or the descendents of any deceased child). This really is unusual and you should be working with someone rather than seeking advice online.

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Answered on 10/28/13, 4:45 pm

Virginia Prihoda Law Offices of Virginia Prihoda

The way I see it there are two questions: in the event of your father's death where does his property go, and secondly, while he is still alive and incarcerated what happens to his property? Depending on what your father owned and how title was held, and how much value there is in his financial estate, you may find talking to an attorney in your locale may give you some insight as to possible theories to recover the value of the estate.

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Answered on 10/29/13, 7:12 am

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