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Elizabeth Powell
Elizabeth Powell, Family Law Attorney
Category: Family Law
Satisfied Customers: 127
Experience:  Washington State
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My mother died intestate in March 1990.She was survied by ...

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My mother died intestate in March 1990.She was survied by her husband and three daughters.Father kept all including the house.Daughters were all adults at the time.Father died last month leaving two daughters everything and snubbing the third,his adopted by law daughter.I believe that at the time of mothers death ,Illinois law stated that father was to get half and other half was to go to siblings if the person died without a will.#1.Am I correct .2.Does this void fathers will.#3.Is the will contestable.
Submitted: 6 years ago.
Category: Family Law
Expert:  Elizabeth Powell replied 6 years ago.

So sorry to hear of your loss of your father. Adopted children are elgible to take from their adopted parents. Did your father have a will? Does the will disinherit you specifically, or are you omitted (not mentioned) in the will? If your father did not leave a will, then you have standing to ask the probate court to adjudicate his intestate estate, which will be devised according to Illinois law.

If a decedent does not write a will, the state will write one for them. The devise will be to the surviving children in equal shares. Here, that means 1/3 to each of three children.

XXXXX XXXXX

Customer: replied 6 years ago.
Reply to XXXXX XXXXX's Post: The question is,did the law in 1990 in Il.state,that if mother dies without a will that father would get half and the three siblings would share the other half.Father did have a will and left $500 to adopted daughter and everything else to biological daughters.If the law was as stated in 1990 ,this should void the fathers will ,or at least be grounds for contesting ?
Expert:  Elizabeth Powell replied 6 years ago.

You can research the history of Illinois statutes to determine what they required in 1990, but you have answered my question. Your mother didn't leave a will, and neither you or your siblings did anything to determine your rights under the intestacy statutes. So by default, your father took everything, not by judicial determination.

Your father's will specifically mentioned you, left you $500, and nothing else. You don't mention whether the will contained an in terrorem clause, which would provide that in the event you were to start a will contest, you would get nothing.

Whatever the intestacy law of Illinois was in 1990 is not relevant to a will probated in 2008. I know this is not the answer you are looking for, but nonetheless it is the answer. Sorry if I can't 'spain it any better, and I wish you all the best with this. XXXXX XXXXX

Elizabeth Powell, Family Law Attorney
Category: Family Law
Satisfied Customers: 127
Experience: Washington State
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