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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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I am my dads first born , he has 2 other children by his

Customer Question

Hi I am my dads first born , he has 2 other children by his decessed wife ,his other grown children have never moved out or helped pay a bill, feed him ,etc .they are ages 49 and 53 , my 53 year old sster has 3 children , my dad has never paid one penny in child support for me , I was given away by both parents at 3 months old. I was never legally adopted, my dad is now very ill and has left everything he own to a grand daughter even sent her to college , however I take care of him ,they do nothing at all for him , I am stressed out and have depleted my funds careing for him , yet I am not in his will do I have any rights?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
The answer I will provide will not be favorable so I ask that you do not blame the messenger.
There is no law in Illinois that entitles a child to inherit from his or her parents. As such, provided that the parent created a will while competent and intended to leave you nothing, you are not entitled to a share of his estate. Under law only spouses can demand a 'forced' or an 'elective' share, based on the state, but children have no inherent right to collect if there is a valid will. To have a chance of collecting a portion of the inheritance you would need to either convince your father to amend the will, or contest the will by claiming that it was somehow created based on fraud, duress, or undue influence (if you can prove it). But if that is his real wish, you generally cannot overrule his decisions even if such a decision disfavors you.
I am sorry.
Dimitry, Esq.