What are the children’s rights to their father’s estate if he remarried and died without a Will?

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What are the children’s rights to their father’s estate if he remarried and died without a Will?

My father passed away and did not have a Will. My stepmother of 10 years has gotten legal advice on what to do. Do I need to seek legal advice for my brother and I for this to turn out fair for all?

Asked on November 20, 2011 under Estate Planning, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your father dies without a Will or a trust having remarried, then his assets would be distributed through the state where he passed away intestacy provisions. In an intestacy proceeding, the state determines who gets the assets of the deceased person based upon the closest degree of relationship by blood lineage and marriage.

Given the somewhat complicated process of an intestacy proceeding, I recommend that you and your brother consult with a Wills and trust attorney about the situation and how to proceed. Your stepmother has already done so. Since she has, perhaps you might do so as well?


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