QUESTION
What are my rights if my deceased uncle has no spouse or no biological children and I, the niece, is his closest next of kin?
Asked on Dec 18th, 2016 on Estate Planning - Illinois
More details to this question:
I had a close relationship with my uncle (dad's brother). He has a home worth over $100,000.00, a boat, pickup truck and two cars. He had a girlfriend. He’s been dealing with off and on for 20 years. Apparently, she was at his home at the time of his death and unfortunately I was not able to get any of his documents that were in his home. As a technical engineer for a large company for 32 years, I didn't see him leaving his financial business in order. One of the girlfriend’s daughter stated to me (also recorded). There was a will that had my name and another uncle that is now too deceased. Last week, there was a will filed but not notarized by girlfriend’s daughter and my name was not on it.
4 ANSWERS
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the Will filed by the girlfriend is valid then it will control the distribution of your uncle's estate. A Will does not require a notary public acknowledgment but it does require witnesses. The girlfriend will have to prove up the Will and you can challenge the Will if you think it was not properly witnessed or it there was some other problem, such as coercion. You should meet with an attorney and discovery your options and the procedures that must be followed. It may be in your interest to open a probate and deal with the Will head on. If that Will is not valid, and no other Will turns up, then the statute on descent and distribution will determine the distribution of your uncle's assets. If your uncle had no spouse or children then the statute looks to the parents and siblings of the decedent. If your uncle's parents predeceased him then his siblings share in his estate. If the siblings predeceased him then the children of the siblings divide the share that would have gone to the siblings. If your father was your uncle's only sibling then your father's descendant's, you and brother and sisters, if any, will share the estate. If your uncle had other siblings, then the descendants of those siblings will also receive a portion of the estate. You should see a probate attorney to review the entire situation and determine your best course of action.
Answered on Feb 14th, 2017 at 12:47 PM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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You could use that information to try and contest the will. If the will is found to be invalid, then everything may go intestate. If your uncle had not spouse or kids parents are dead siblings are dead then it would go to the nieces and nephews (kids of his siblings).
Answered on Feb 14th, 2017 at 12:46 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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If a will was filed and if it's admitted to probate then it will likely stand unless it's successfully challenged. You really need to hire a probate attorney to dig into the situation.
Answered on Feb 14th, 2017 at 12:42 PM
A will does not need to be notarized to be valid. It requires 2 witnesses over 18 years of age. You should discuss these issues with a probate atty as they tend to be complicated.
Answered on Feb 14th, 2017 at 12:41 PM