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Ely
Ely, Counselor at Law
Category: Estate Law
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Experience:  Fully licensed attorney in Texas in private practice.
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I am 1 of 4 siblings (3 sisters & 1 brother) living in Cook

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I am 1 of 4 siblings (3 sisters & 1 brother) living in Cook County Il. One of the sisters died October 29, 2013 in Chicago, Il.(cook county) One of the sisters who had total control of the deceased's finances & health by obtaining a 'Power of Attorney' & a 'Living Will', without the knowledge of the other siblings came up with a will naming her sole heir of the deceased's estate. One of my surviving sisters who has 'deeper pockets" than I, filed a PETITION TO CONTEST WILL with a demand for TRIAL BY JURY. She is listed as the only petitioner in that lawsuit. The petition has since been upheld and the lawsuit is moving forward. My question is, if the sister who filed the petition is successful (will is nullified) with her lawsuit, will the estate revert back to the State of Illinois, and all the surviving siblings will get an equal share of the estate. Or do I have to file my own lawsuit? John
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss, and your situation.

My question is, if the sister who filed the petition is successful (will is nullified) with her lawsuit, will the estate revert back to the State of Illinois, and all the surviving siblings will get an equal share of the estate. Or do I have to file my own lawsuit?

No, it will not revert back to Illinois. The belief that the state will take all or some of the assets of an estate that has no Will or is otherwise challenged is not true. It is a very widely-held myth, however.

The answer is - (1) if there is no will, or (2) the current will that stands is struck down, the Probate Court will then distribute the assets based on default state law, which may be found in Chapter 755: Estates, here.

As such, if there is a Will that is struck down, the above default laws will apply and all siblings shall get an EQUAL share.

You would not have to file your own suit, but simply "attach" yourself as an interest party to the ongoing - already existing - probate matter to ensure your equal share.

I hope this helps and clarifies. Best of luck.

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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 86566
Experience: Fully licensed attorney in Texas in private practice.
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