If my stepmother recently passed away, does this mean that her children now get the house and everything in it or do I have legal recourse?

My dad from passed away about 14 months ago. My stepmother kept proming to let me go through our family pictures and things. She told me dad did not leave a Will. I believe he did.

Asked on September 15, 2012 under Estate Planning, Illinois


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  This is not an wasy question to give guidance on here.  Many facts are needed.  If your Father and his wife owned everything jointly as husband and wife then everything passed to her automatically at the time of his death.  If there was a Will you would have to prove not only its existence but its content.  If there was no Will then only his estate that was not jointly owned would have passed via intestacy.  I would suggest speaking with an attorney in your area on the matter.  Good luck.

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