my grandfather passed away 2 months ago leaving my mother, uncle and aunt his house. Now my mother passed away last week. My mother was remarried for 15 years. Do I her child have any claim on my mother portion of that house or anything else that she owned in her name does it all go to her husband? She had no will. Thanks
3 Answers from Attorneys
You might have a claim. This is highly dependent on how the property was titled at the time of your mother's death along with whether she had any estate planning in place. I encourage you to speak with an estate planning/estate administration attorney to discuss this situation further.
In Illinois, a person who dies without a will leaves the distribution of their legacy to Illinois law: half to the decedent's spouse (if living), and the other half to descendants. If your mother had an interest in the property on the date of her death, it's going to get complicated and speaking with an attorney is a good place to start to evaluate your options. A lot depends on how your grandfather's will or trust was written. To have an effective conversation with the attorney, you should bring with you a copy of your grandfather's will.
Speculating on some of the facts as presented, yes, you could have an interest. Without a will, in Illinois, your mother's estate will pass one-half to her spouse and one-half to her children (or descendants of any deceased child). So, to the extent she had a separate interest in that home and any other assets, yes, you would entitled. If your grandfather somehow left the interests with certain qualifications, then that may change the answer. Similarly, your mother may have had her other assets titled together with her husband and he would survive to assets held jointly (such as a joint bank account or jointly titled vehicle). You should arrange a consultation to review this with a probate attorney.