After my father passed my step-mother never sent nothing to probate

My father’s land was in his name only and she claims he had no will. Are we
entitled to the land or anything.

Asked on August 14, 2018 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  If your Father died without a Will he died intestate and the Intestacy Statute in Illinois goversn.  According to that statute your step-mother will inherit 50% of all intestate property and his descendants  - you kids - inherit the other 50%.  Get a lawyer.  Good luck

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