QUESTION

Do we get a part of the inheritance if there is no will?

Asked on Aug 30th, 2017 on Estate Planning - Illinois
More details to this question:
We should have an inheritance. There is no will. Family believes my sister should have it all. I never agreed on this and I need advice. Can I still get my inheritance? We had three homes. One was sold 10 years ago and now she sold another one like 2 day before my mother passed away. She got a lot for it and now she is trying to sell our home we lived in. I don't know if she even reported to anyone that my mother passed away. There was no announcement in the newspaper.
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3 ANSWERS

Estate Planning Attorney serving La Grange, IL at Law Office of T. Phillip Boggess
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Things that happened before your mother died is going to be difficult because she can claim it was given to her by mom. Unless someone has a way to prove it didn't happen or that she unduly influenced her to give it to her, then the likelihood of a successful claim is low. As for after mom?s death, you?ll have to check the owner of the property. If she owns it because it was transferred to her before mom?s death, you are back to the first question. If not, then you have a good chance at getting proceeds from that sale provided that there wasn't a will or trust saying it went to that sister.
Answered on Nov 02nd, 2017 at 12:16 PM

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When did the person die? Was the property in that person's name alone? If your sister's name was also on the property then there was nothing to inherit. You have to find out how title to the property was held. You have some homework to do. When you have determined how title was held, the next step is to talk to a lawyer. Another issue is how long ago the person died? Why have you waited to raise the issues now? Do your homework. Put it all together. Then contact a lawyer, unless you want to pay a lawyer to gather the facts.
Answered on Nov 02nd, 2017 at 9:42 AM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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There are a lot of facts not reported in this question. How did your sister sell your mother's property?, was there a trust established? If so, when and how? Did she have a power of attorney? If so, its power ends when you mother died. If there is no will or trust controlling disbursement of your mother's assets then the state statute on descent and distribution controls and you are entitled to your share as stated in the statute. You should see an attorney and present all of the information you have so you can review your options.
Answered on Nov 02nd, 2017 at 9:41 AM

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