Full question:
what rights do I have to my fathers property? I don't know if there was a will, and I do not know his surviving wife at all. He died Dec 09 in state of Il, and had been married to this lady for four years. What can I do to find out, and if she does transfer her name to the property, does she have to legally notify me? I don't want this to be a mess, but I think I am entitled to something being his only daughter. I had not spoken to my father in years. How do I approach her if there was no will?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Florida
Answer:
When a person dies, their assets are distributed through probate. If there is a valid will, an executor manages the estate's distribution. If there is no will, the court appoints an administrator to distribute assets according to state intestacy laws.
In Illinois, if your father died without a will, the distribution of his estate will follow the state's intestacy laws (755 ILCS 5/2-1). Since he had a surviving spouse and you, as his daughter, the estate would be divided as follows:
- Half of the estate goes to the surviving spouse.
- The other half is divided among the decedent's descendants, which includes you.
If your father owned property, the administrator will execute a deed to transfer ownership. The surviving spouse does not have to notify you of any property transfers, but you have the right to claim your share of the estate.
To find out more about your father's estate, you can check with the probate court in the county where he lived. They can provide information on whether a will exists and if probate proceedings have started. If there is no will, you may need to seek legal advice to ensure your rights are protected.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.