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No Will- Do I have a claim on estate

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J

jima

Guest
Illinois-
My Step Mother passed away, without a will a few weeks ago. My Father passed away in 1980. no will either. I my 2 brothers and 1 sister signed a quit claim deed on the house our father and mother owned(mother deceased in 1964) all 4 children did this giving our part to my stepmother. There were 4 orignal children by my mother and father. My step mother was going to will the house back to us, she had a will prepared but it was never signed. Two children were born with my father and step mother. One child from my step mother previous to marrying my father. There are a total of 7 chilren. Do we all have legal claims to the estate? Or do only the 2 children of my stepmother and 1 the child of my step mother have claims
Have the 4 children who signed the quit claim basically givien up everthing?My brother seems to think all seven are again heirs to the estate by the passing of my stepmother.

[Edited by jima on 07-30-2001 at 12:01 AM]
 


dmode101

Member
If "stepmom" does not have a will, anything titled in her SOLE NAME will pass to heirs according to IL law. Her heirs would be children born by her and children adopted by her. If you are not a blood relative or adoptee then you are not an heir-at-law. Notice I highlighted sole name -- actual proper legal titling is crucial.

You mentioned that stepmom was going to will it back to you. IF you have sufficient proof of that then you may have a claim against her estate based on contract to make a will.

Depending on other facts and circumstances you may have other rights so I suggest you contact an attorney.
 
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