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 8 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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