disinheriting stepchild

state of Illinois

Long story short: My biological father died in 1994. He had made a considerable amount of money. His time from diagnosis of cancer to death was about 2 weeks. His will left everything to my stepmother. She basically led a miserable life, was not a nice person and alienated everyone that was close to her and my father. I have a stepsister who took over the finances, myself who took over the medical aspects, and looked after my stepmother and schlepped her around, and visited and ran errands all in honor of my father. I have a biological brother(same father) who is mentally ill and in a nursing home.

Over the years, this woman became meaner and meaner, my stepsister handling all the finances took the money and set up USGM trusts for my 2 daughters with her and stepmom and trustees. Also formed an FLP with her and her mother, and my 2 daughters(age 9 &11) as limited partners. I was totally excluded!! When I found this out, I decided I was done with this witch once and for all, despite my fathers legacy. Well now, this woman has died. I don't really know if my stepsister will do the right thing as far as inheritance, but if she doesn't, how much time to I have? And do I have a claim to this inheritance. my stepmother never worked a day in her life. My father earned all of the estate. Granted my stepsister(who is very financially savvy grew the estate) but do I have recourse? Do I contact an attorney now, or wait to see what she does? Could she have buried everything so deep that it is nondiscoverable?

I apologize for the length of this but I need direction.

I am not sure that you have any rights, but you sure do have a sense of entitlement.

When your father died, if he left everything to the stepmother, his wife, it became ALL hers, to do with as she wished -- spend it all, give it away, or leave it to a charity or stranger in her will and/or trust It does not matter that the money originally came from your dad as HE did NOT leave it to you.

Your characterization of your stepmother suggests there was some animosity and acrimony in the relationship. And that is usually a reason for people to completely carve out a child. Here she seems to have bypassed you and left money to your children.

I would see a lawyer in the local area who does probate work NOW, and learn what rights, if any, you may have. But my sense is the lawyer will tell you much of what I have said unless there is a basis for claiming undue influence. And my sense is that there was every basis to cut you out completely, and be grateful that your daughters were provided for. Your sister may have worked hard to achieve that for your side of the family.

You may have waited too late to do anything--you should have sought legal advice back in 1994 and contested the will then.

At least be grateful that she gave something to your daughters. If you don't already know the name of the trusteee and the bank that the trust money is being held at, you need to find out that information from her estate executor so you can claim it (or tell your daughters how to claim it) when they become of age.

DANDY DON