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Death and half-siblings?

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Sherry1014

Guest
What is the name of your state? Illinois
My mother was married twice, divorced and remarried. With her first husband, she had 3 children. With the second, she had 2 children. Mom and my stepfather were married 47 years and, although he never legally adopted the first 3 children, he was our father in every sense of the word. Mom died on Feb 28, 2003 and our step-dad died June 5th,2003. Who are the legal heirs?
Before Dad died, my youngest brother had Power of attorney. Unfortunately, Dad did not get my brother's name on his bank accounts. Now the bills are coming in and my brother cannot write checks to pay them! What should he do now?? No one is questioning that Dad intended my brother to handle things, but we don't know what steps to take. Help!
 
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Dandy Don

Senior Member
You haven't mentioned whether there is a will or not for either death.

Assuming there are no wills, then any one of the siblings or a probate attorney that you would hire needs to file at the courthouse to become administrator for these estates. The administrator has the authority to claim any and all assets, including the bank account.
 
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Sherry1014

Guest
Death andhalf siblings

Dandy Don-thanks. There was no will in either case, but also not a large estate. I have since found out that we need to file "Small Estate Affidavit" with the State of Illinois. Because the amount is less than $50,00, this should be a simple case of listing the assets and the liabilities, getting it notarized and filing it with the court. Thanks for your help.
 

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