If my father died a few months ago and did not have a Will but his wife kept everything, what rights do I have?
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If my father died a few months ago and did not have a Will but his wife kept everything, what rights do I have?
And what can I do about it?
Asked on July 24, 2013 under Estate Planning, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. If your Father died with out a Will it is called dying "intestate" and the intestacy laws in the state will apply. Under Illinois intestate succession, spouses and "descendants" - children or children of children - share the estate of the decedent 50/50. But understand that if your Father and his wife held their assets jointly, ownership would pas to her automatically upon his death. I would seek help from an attorney in the area. Good luck.
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