Mentally Retarded/Only Child/Contest Will

[PhoenixKahoks]

What is the name of your state? Illinois

Hello, I am the mother of a 34 year old mentally retarded who recieves SSI, but not enough to live on, as I pay for most of her care by working. I am in my 70's and she is my only child and I worry about her future when I am gone.

My exhusband(divorced15 years ago) passed away over three weeks ago. He never married and has no other children, spouses or partners. So our only child is our mentally retarded daughter.

The way I found out that my exhusband died was by my neighbor who just so happened to see the obituary in the paper. Well, guess what the funeral was that same day in just a few hours. My exhusbands brother and sisters(all in their 70's and 80's) didn't bother to tell me or my daughter that her father died. So I had to break the news to my daughter, get her ready and rush her down to the funeral home. When we arrived the siblings of my exhusband looked at us as if we were aliens from outer space and never said a word to us. The preacher said that my exhusbands brother told him "he didn't want any trouble"
This made the preacher uncomfortable as their was no mention of mine and my exhusbands only childin the obituary or on the funeral notice. My daughter was devastated. She had been going over to her fathers house everyday for weeks and didn't know what happened to him as their was no answer. I found out later he was in the hospital and no one informed my daughter or me of this. He had been having dialysis for over 10 years. My daughter visited him about once a week after the divorce. I haven't seen the will or been contacted by anyone. I am poor and am just trying to help my daughter when I am gone. I don't care about the money for me but for my daughters sake. She is still a fairly young woman and has a long life to live when I am gone.

My husband was a miser and when we were married I paid all the bills even though he made a good living. He saved every dime he ever had since you was young and invested. Was the type of man who wouldn't use electicity at times when it was snowing out, would rather freeze than spend the money. Had the same car for 35, not because the car was anything special but because he didn't want to fork out the money for another one. Would travel across town to save 5 cents. He was really good at saving and investing his money. My point in saying these things is to show his personality and financial thinking. I don't know what the size of his investments are but I am certain they are rather substantial as he made a good living and invested all his life and never hardly spent a penny. He has a house that he lived in.

His brother took him bi weekly to diaylisis and I suspect he is the one handling the will, but will not talk to me. The way I see it is that my exhusband would probally leave the estate to his brother because his brother is frugal like he is and my exhusband would feel my daughter would blow it if she got it.

So my questions are does my daughter have a case to contest the will? If she does have a case, she is mentally retarded and the only child. How does this affect her in court because she isn't going to understand what's going on in much detail? Are their any laws that protect mentally retarded/disabled children in probate? Can she get assistance with a lawyer since she is only on Social Security and is mentally retarded? Where do I find a lawyer that helps the disabled in probate? Thanks for your help and sorry about the long post but I just wanted to be detailed.

 

[colourfastt]

What is the name of your state? Illinois

Hello, I am the mother of a 34 year old mentally retarded who recieves SSI, but not enough to live on, as I pay for most of her care by working. I am in my 70's and she is my only child and I worry about her future when I am gone.

My exhusband(divorced15 years ago) passed away over three weeks ago. He never married and has no other children, spouses or partners. So our only child is our mentally retarded daughter.

The way I found out that my exhusband died was by my neighbor who just so happened to see the obituary in the paper. Well, guess what the funeral was that same day in just a few hours. My exhusbands brother and sisters(all in their 70's and 80's) didn't bother to tell me or my daughter that her father died. So I had to break the news to my daughter, get her ready and rush her down to the funeral home. When we arrived the siblings of my exhusband looked at us as if we were aliens from outer space and never said a word to us. The preacher said that my exhusbands brother told him "he didn't want any trouble"
This made the preacher uncomfortable as their was no mention of mine and my exhusbands only childin the obituary or on the funeral notice. My daughter was devastated. She had been going over to her fathers house everyday for weeks and didn't know what happened to him as their was no answer. I found out later he was in the hospital and no one informed my daughter or me of this. He had been having dialysis for over 10 years. My daughter visited him about once a week after the divorce. I haven't seen the will or been contacted by anyone. I am poor and am just trying to help my daughter when I am gone. I don't care about the money for me but for my daughters sake. She is still a fairly young woman and has a long life to live when I am gone.

My husband was a miser and when we were married I paid all the bills even though he made a good living. He saved every dime he ever had since you was young and invested. Was the type of man who wouldn't use electicity at times when it was snowing out, would rather freeze than spend the money. Had the same car for 35, not because the car was anything special but because he didn't want to fork out the money for another one. Would travel across town to save 5 cents. He was really good at saving and investing his money. My point in saying these things is to show his personality and financial thinking. I don't know what the size of his investments are but I am certain they are rather substantial as he made a good living and invested all his life and never hardly spent a penny. He has a house that he lived in.

His brother took him bi weekly to diaylisis and I suspect he is the one handling the will, but will not talk to me. The way I see it is that my exhusband would probally leave the estate to his brother because his brother is frugal like he is and my exhusband would feel my daughter would blow it if she got it.

So my questions are does my daughter have a case to contest the will? If she does have a case, she is mentally retarded and the only child. How does this affect her in court because she isn't going to understand what's going on in much detail? Are their any laws that protect mentally retarded/disabled children in probate? Can she get assistance with a lawyer since she is only on Social Security and is mentally retarded? Where do I find a lawyer that helps the disabled in probate? Thanks for your help and sorry about the long post but I just wanted to be detailed.

Someone can feel free to correct me on this, but as far as I know only Louisiana has laws in place for this situation .. it's called forced heirship. I don't believe any other state forces one to provide for anyone else except a spouse.

 

[seniorjudge]

Someone can feel free to correct me on this, but as far as I know only Louisiana has laws in place for this situation .. it's called forced heirship. I don't believe any other state forces one to provide for anyone else except a spouse.

I believe that is correct also.

Call these folks and ask if there is a free lawyer in your area you could talk to:

http://www.illinoisbar.org/

 

[BelizeBreeze]

First of all, we don't know if she can contest the will until such time as a will is found and filed with the probate court.

You need to first aske the court to appoint a guardian for the child. The guardian will represent the child and her 'estate' regarding probate.

There are several other options if she inherits:
Set up a trust for her continued care is the best.


The good news is that Illinois does not allow a party to disinherit a child or spouse.

Do you know for a fact that a will exists?

 

[rmet4nzkx]

The Guardian will also assist with setting up a special needs trust and you as the mother can contact social security regarding any change in benefits due your daughter upon the death of her father. You may also go down to the probate court and see if anyone has filed or opened a probate.

 

[Dandy Don]

You have not mentioned whether the man remarried and has a surviving spouse now or remained unmarried. If he did remarry, his surviving spouse will have rights to most of the estate even if there is no will.

You first need to visit the courthouse to see if there is a will and if your daughter is named in it. I somehow feel that your ex would have provided for this child.

If there is no will and no surviving spouse, then you will need to decide whether, after consulting with a probate attorney, whether you want to ask for probate to be opened up and then find out what legal rights your child has as an heir.

DANDY DON IN OKLAHOMA ([email protected])

 

[fairisfair]

You have not mentioned whether the man remarried and has a surviving spouse now or remained unmarried. If he did remarry, his surviving spouse will have rights to most of the estate even if there is no will.

I see it, plain as day, in paragraph #2

"My exhusband(divorced15 years ago) passed away over three weeks ago. He never married and has no other children, spouses or partners. So our only child is our mentally retarded daughter."

 

[Dandy Don]

I apologize for my error in not reading the entire situation thoroughly.

I want to add that that this mother should get an attorney immediately--interview with 4-5 of them until you find one willing to help--please explain to this attorney that the man had significant assets and he will be more likely to represent you without a retainer--this attorney can intervene to negotiate with the family to find out the state of the assets and whether there is a will or not. The downside is that the man's brother may have gotten power of attorney to gain control of all of the assets outside of probate, thereby leaving the daughter with nothing, but I'm hoping that since there is no will that there is something left in the estate that will go to the daughter.

DANDY DON IN OKLAHOMA ([email protected])

 

[dmode101]

What is the name of your state? Illinois

Hello, I am the mother of a 34 year old mentally retarded who recieves SSI, but not enough to live on, as I pay for most of her care by working. I am in my 70's and she is my only child and I worry about her future when I am gone.

My exhusband(divorced15 years ago) passed away over three weeks ago. He never married and has no other children, spouses or partners. So our only child is our mentally retarded daughter.

The way I found out that my exhusband died was by my neighbor who just so happened to see the obituary in the paper. Well, guess what the funeral was that same day in just a few hours. My exhusbands brother and sisters(all in their 70's and 80's) didn't bother to tell me or my daughter that her father died. So I had to break the news to my daughter, get her ready and rush her down to the funeral home. When we arrived the siblings of my exhusband looked at us as if we were aliens from outer space and never said a word to us. The preacher said that my exhusbands brother told him "he didn't want any trouble"
This made the preacher uncomfortable as their was no mention of mine and my exhusbands only childin the obituary or on the funeral notice. My daughter was devastated. She had been going over to her fathers house everyday for weeks and didn't know what happened to him as their was no answer. I found out later he was in the hospital and no one informed my daughter or me of this. He had been having dialysis for over 10 years. My daughter visited him about once a week after the divorce. I haven't seen the will or been contacted by anyone. I am poor and am just trying to help my daughter when I am gone. I don't care about the money for me but for my daughters sake. She is still a fairly young woman and has a long life to live when I am gone.

My husband was a miser and when we were married I paid all the bills even though he made a good living. He saved every dime he ever had since you was young and invested. Was the type of man who wouldn't use electicity at times when it was snowing out, would rather freeze than spend the money. Had the same car for 35, not because the car was anything special but because he didn't want to fork out the money for another one. Would travel across town to save 5 cents. He was really good at saving and investing his money. My point in saying these things is to show his personality and financial thinking. I don't know what the size of his investments are but I am certain they are rather substantial as he made a good living and invested all his life and never hardly spent a penny. He has a house that he lived in.

His brother took him bi weekly to diaylisis and I suspect he is the one handling the will, but will not talk to me. The way I see it is that my exhusband would probally leave the estate to his brother because his brother is frugal like he is and my exhusband would feel my daughter would blow it if she got it.

So my questions are does my daughter have a case to contest the will? If she does have a case, she is mentally retarded and the only child. How does this affect her in court because she isn't going to understand what's going on in much detail? Are their any laws that protect mentally retarded/disabled children in probate? Can she get assistance with a lawyer since she is only on Social Security and is mentally retarded? Where do I find a lawyer that helps the disabled in probate? Thanks for your help and sorry about the long post but I just wanted to be detailed.

First step is to see if a Will has been filed. You can check with the probate court in the county where your ex-husband lived. Hard to evaluate contesting a Will without seeing the Will and knowing the situation surrounding its terms and execution. There is no forced share for children in Illinois and a Will can't be contested just because it is unfair. If he had no valid Will then his only daughter would be the sole heir. Also remember that only assets in his sole name pass under the Will (or in his estate). So if he held assets in trust, or joint tenancy, or with a beneficiary designation -- then the Will does not apply.

Again, first try to find out if there is a Will and what it says and what assets might be passed under the Will. Then you can go from there to see if your daughter might have an interest. If a probate estate is opened, your daughter (or her guardian) will be entitled to notice of probate and a statement of rights.