Legal Question in Wills and Trusts in Illinois

no will found

My childrens father passed away with no will to be found (but led kids to believe there was one).He had been married to step mom for 20 years,she has 3 kids.The house and cars were in his name only, most of which were bought before they married.Who gets house and cars? Also, could a will be hid by step mom and lawyer?


Asked on 4/15/07, 9:54 am

1 Answer from Attorneys

Re: no will found

If the house was titled in your children's father's name on the date of his death, then they would be entitled to 1/2 of the house and car value, and their step-mother would be entitled to the other 1/2.

However, if the 3 children of the step-mother were also your children's 1/2 siblings (their father's children with the step-mother), then all of the children would share in 1/2 of the value of the house and car, and the other 1/2 would go to the step-mother.

As to the will, it is always possible that someone would hide a will if they believe it says something that is contrary to their interests, but it is highly unlikely that a lawyer would do so because of the negative consequences to him or her.

Good luck to you. Let me know if I can assist you.

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Answered on 4/15/07, 12:18 pm


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