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My daughters dad died without a will. He did remarry. He…

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My daughters dad died...

My daughters dad died without a will. He did remarry. He died interstate. We live in Illinois. does his house go only to his wife who was on the deed. Or is my daughter also in line for some inheritance. Family has not contacted us. They sent no ashes as promised,do not speak to my daughter after her dads death.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Yes, Illinois.

Lawyer's Assistant: What documents or supporting evidence do you have?

I think my daughter has a copy of the death certificate. We looked on line and his house is in pre forclosure

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just that all through her life she got along great with her dad. He gave her away at her wedding in CA loved his new granddaughter etc. However my daughter never got to have time alone with her dad until he was hospitalized last year. The wife would interfere, and not allow it even to the point of leaving abusive telephone messages occasionally to my daughter. My daughter never stood up to her, She saw her dad on the sneak many times! We had to keep the peace. Now it seems they are going out of their way to make sure they get everything and leave out his daughter. Seems unjust

Submitted: 9 months ago.Category: Family Law
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Answered in 2 minutes by:
11/12/2017
Family Lawyer: Jessica B,
 replied 9 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,817
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed probate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

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Family Lawyer: Jessica B,
 replied 9 months ago

Here is what will happen under the Illinois intestacy laws if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great-grandchildren, etc.):

  • Survived by a spouse and descendants - In this case, the surviving spouse will inherit one-half (1/2) of the deceased spouse's probate estate and the children will inherit the remaining one-half (1/2)
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Family Lawyer: Jessica B,
 replied 9 months ago

Your daughter is entitled to 1/2 of the probate estate. The assets comprising the estate, would be those titled in the decedent's sole name. Since the house had the wife's name on the deed, it is not part of the estate.

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Family Lawyer: Jessica B,
 replied 9 months ago

I have not heard back from you. Was this information helpful?

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Family Lawyer: Jessica B,
 replied 9 months ago

Please do not forget to rate my answer. Thank you!

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