unfair disbursement

[lowenichols36]

What is the name of your state (only U.S. law)? Illinois my husband was killed in automotive accident the aunt is executive of estate and he had two minor children they are only offeing me a small amount each of yhe children are receiving 3 times more than myself I feel like I'm being treated unfair can I fight this

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois my husband was killed in automotive accident the aunt is executive of estate and he had two minor children they are only offeing me a small amount each of yhe children are receiving 3 times more than myself I feel like I'm being treated unfair can I fight this

Maybe. Did your husband have a will? Did any assets pass outside of the estate? If no assets passed outside of the estate and there was no will, then you would be entitled to the widow's intestate share of your husband's estate. That is 1/2 in many states, and 1/3 in others.

 

[Silverplum]

What is the name of your state (only U.S. law)? Illinois my husband was killed in automotive accident the aunt is executive of estate and he had two minor children they are only offeing me a small amount each of yhe children are receiving 3 times more than myself I feel like I'm being treated unfair can I fight this

The children have lost their provider, forever. You can provide for yourself.

 

[adjusterjack]

The children have lost their provider, forever. You can provide for yourself.

That has nothing to do with the estate or who gets what.

Consult a personal injury lawyer. If your husband was not at fault, you would have grounds for a wrongful death claim on behalf of you and your children.

 

[LdiJ]

The children have lost their provider, forever. You can provide for yourself.

That has nothing to do with intestate law.

 

[Silverplum]

That has nothing to do with intestate law.

So y'all say. You're jumping to conclusions that there was no will or trust. You're jumping to conclusions that the widow was on titles and deeds and accounts and polices. None of that was stated in the OP.

I'll be watching and waiting for you, particularly, Ld, to make a remark that is not strictly legal and on-topic. At least my remark, imperfect as you found it to be, was made in a spirit of inspiring compassion toward her stepchildren.

Since you're so very interested in the law, Ld, here's the info you earnestly seek, written in simple English by LegalZoom at http://info.legalzoom.com/illinois-estate-laws-minor-children-22300.html:

Intestacy

If a parent dies without a will, his estate is considered intestate. This means his property will be distributed according to Illinois's intestate succession laws. If a parent dies with surviving children and he has no will but a surviving spouse, half of his estate goes to his children. If a decedent dies without a surviving spouse, the entire estate goes to his children.

Will

If a parent has a will, he can leave whatever property he sees fit to his child. If the will was executed prior to his child's birth, the child is entitled to a portion of the deceased parent’s estate even if the child is not mentioned in the will. The child may claim the estate percentage he would have been entitled to had the deceased parent not had a will at all. The only exception to this rule is if the will makes it clear the deceased parent intended to disinherit the child and that is why the child was not named.

Trusts

Trusts are a popular tool for estate planning because they exempt all property included in the trust from probate, allowing the trust beneficiaries to access the property immediately. Trusts are especially good for transferring property to minor children. Trust property is managed by trustees, not the beneficiaries. As a result, the children are provided for without having to undertake the responsibility of maintaining property. To create a trust in Illinois after one's death, known as a testamentary trust, the decedent’s will must transfer property to the trustee who then holds the property on behalf of the trust. Additionally, the will must specify the decedent's children are to benefit from the trust and outline the terms for how the property is to be managed and distributed.

 

[LdiJ]

So y'all say. You're jumping to conclusions that there was no will or trust. You're jumping to conclusions that the widow was on titles and deeds and accounts and polices. None of that was stated in the OP.

I'll be watching and waiting for you, particularly, Ld, to make a remark that is not strictly legal and on-topic. At least my remark, imperfect as you found it to be, was made in a spirit of inspiring compassion toward her stepchildren.

Since you're so very interested in the law, Ld, here's the info you earnestly seek, written in simple English by LegalZoom at http://info.legalzoom.com/illinois-estate-laws-minor-children-22300.html:

Intestacy

If a parent dies without a will, his estate is considered intestate. This means his property will be distributed according to Illinois's intestate succession laws. If a parent dies with surviving children and he has no will but a surviving spouse, half of his estate goes to his children. If a decedent dies without a surviving spouse, the entire estate goes to his children.

Will

If a parent has a will, he can leave whatever property he sees fit to his child. If the will was executed prior to his child's birth, the child is entitled to a portion of the deceased parent’s estate even if the child is not mentioned in the will. The child may claim the estate percentage he would have been entitled to had the deceased parent not had a will at all. The only exception to this rule is if the will makes it clear the deceased parent intended to disinherit the child and that is why the child was not named.

Trusts

Trusts are a popular tool for estate planning because they exempt all property included in the trust from probate, allowing the trust beneficiaries to access the property immediately. Trusts are especially good for transferring property to minor children. Trust property is managed by trustees, not the beneficiaries. As a result, the children are provided for without having to undertake the responsibility of maintaining property. To create a trust in Illinois after one's death, known as a testamentary trust, the decedent’s will must transfer property to the trustee who then holds the property on behalf of the trust. Additionally, the will must specify the decedent's children are to benefit from the trust and outline the terms for how the property is to be managed and distributed.

Which I would have talked about once the questions I asked were answered. That also was a legal zoom article about children inheriting, it mentioned nothing about widows/widowers. I was assuming nothing, I asked questions to try to get the OP to talk about how all that played out.

Silver, its all good and well to express a moral opinion, but you should at least state that its a moral opinion, rather than legal advice. Nobody has any idea who might have received something that passed outside of the estate.

 

[Silverplum]

Which I would have talked about once the questions I asked were answered. That also was a legal zoom article about children inheriting, it mentioned nothing about widows/widowers. I was assuming nothing, I asked questions to try to get the OP to talk about how all that played out.

Silver, its all good and well to express a moral opinion, but you should at least state that its a moral opinion, rather than legal advice. Nobody has any idea who might have received something that passed outside of the estate.

You're so funny.

 

[LdiJ]

You're so funny.

And you are the queen of disdain. I guess we all have our place in the scheme of things.

 

[Zigner]

That has nothing to do with the estate or who gets what.

Consult a personal injury lawyer. If your husband was not at fault, you would have grounds for a wrongful death claim on behalf of you and your children.

They're not her children.

 

[Silverplum]

And you are the queen of disdain. I guess we all have our place in the scheme of things.

I suppose we do.

 

[xylene]

I hope someone (ideally the OP) comes along refers to the minor child's inhereitance as "it" and someone gets all up in a state thinking that god forbid a child was not referred to with a personal pronoun.

That always delivers the goods.

 

[Just Blue]

And you are the queen of disdain. I guess we all have our place in the scheme of things.

Actually, you, in your passive way are the "queen".

But you still did not reply with LEGAL FACT. Silver did.


Can you ever back up your postings? Or just admit you are wrong?

 

[justalayman]

You started the thread in wills and trusts so I would have to guess there is a will or a trust involved. If so, then the will is going to direct how his estate is divided. While you can attempt to dispute the validity of the will, there must be something other than you do not believe it is fair for the will to be invalidated.



If by chance there is not a will (and posted in the incorrect topic), a spouse inherits 1/2 of the estate and the children split the other 1/2



this does not include insurance benefits, jointly owned assets, accounts with pay on death or transfer on death designations.

 

[Dandy Don]

lowenichols36, please answer the questions you have been asked.

Is there a will?

You need your own attorney to represent your interests in this estate, especially if there is or is going to be a settlement from a wrongful death claim.
Your attorney can negotiate much better than you can and will get more money for you. You do NOT need to accept just what is being offered to you by the executor.