Legal Question in Wills and Trusts in Illinois

Is my step dad entitled to money that was intented for my mother when she was alive. It is inheritance from her father.

Asked on 5/20/13, 4:47 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

There is very limited information and I do not see that you can cover this here. You should speak with a local probate attorney to thoroughly consider the facts.

If your mother received the inheritance, then it may be governed by what she did with it and whether she had a will. For example, if she put it in a joint account with her husband, then more than likely he is entitled to it. If she kept it separate or had not yet received it, then arguably it may be her separate property and would pass through her estate, either according to her will or, if no will, according to state law, which would include the spouse as well as the children. If she passed away before her father, then it would be her father's estate that would have to be looked at to determine the correct disposition, but that may very well be to her children, rather than the spouse, in the way things are often handled.

Really, this cannot be adequately answered within the scope of a space like this.

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Answered on 5/20/13, 5:03 pm

Virginia Prihoda Law Offices of Virginia Prihoda

If your mother actually received the inherited money during her lifetime, it became hers, to do with as she pleased. Unless the money was in a trust, where it came from doesn't matter to anybody else, it's HER money, and if she dies or has died before it's all spent, where it goes is a function of whether she had a will, and a function of how the money was held. If it's in a joint bank account with her husband, it's her husband's money.

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Answered on 5/21/13, 12:04 pm

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