Legal Question in Wills and Trusts in Illinois
Inheritance question
If my father's will doesn't indicate who is to inherit his estate, who will it go to? His wife, or his children (as opposed to step-children). Also, do if I am to inherit, does my step-mother have to pass as well before I inherit?
1 Answer from Attorneys
Re: Inheritance question
If your father has a will, it should say something about who will receive his estate.
On the other hand, if he dies without a will, one half of his estate would go to his spouse, and one half would be shared by his biological (or adopted) children.
If your father has a will that says that his estate passes first to his spouse, it is possible that she would then be able to leave it to her children, and none would pass to you.
Please have an attorney review the documents so that you can be assured of an appropriate and complete answer to your question. (My answer is simply a hypothetical answer to your hypothetical question.)
Good luck to you.
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