My Father died in 1992 no will, my parents had 4 R.E. properties & 3 children my mother never gave inheritanc

Question

I am in Illinois, what I know is that if you die with no will, with kids the wife is entitled to 1/3 widows share and 2/3 to the children. The thing is my MoM is from Louisana and their law is different and she is using that logig, it just that I hate to tell her she is wrong and don;t want to cause any fights in the family. she has already parceled on property yo one brother. See it going to get rough later on.

I am sorry to have left so many details out. I was 41 when my father died, my siblings are 9 and 18 years younger same father and mother. as the oldest I have always been responsible, took care of the little ones, helped my parents out, always worked and put my self though college. My siblings were never responsible, so when my mother gave my brother the property which is fully paid for, it was a slap in the face. I was married, divorced raised my child who finished school with a degree, I am not slouching here, I just felt it unfair of my mother, and that I feel bad about the whole thing.

Answer 1

I think you should talk to your mom and tell her what you think. Remember that there are "ways" to talk, meaning level with her in a nice way. You should make this like a dinner date, or something similar, so that you can have all her attention.

If you are not satisfied with the outcome, make her know that you are not happy with what's happening and that you are going to get advise with an attorney, that way she'll know beforehand, how serious you feel about this.

Good luck!

Answer 2

So how old were you and your siblings when he died and how old are you now. Not many people would give a piece of property to inexperienced young folks. I mean if the oldest is 20, there isn't a whole lot of life experience to show you could handle it. Have you spoken with your mother? Does she know what your fathers wishes were? She is within her legal rights, and depending on your age and that of your siblings, can get a lawyer,if you want to go that way. Could it be that these properties aren't fully paid for, and therefore by passing them onto you, you would therefor be made responsible for the debt? Think this through really well before you do anything foolish.Another question I have for you is why after all this time (16 years!) Are you just asking about it now?

Answer 3

You need to talk to an attorney. These laws vary by state and in IL when a person dies without a will their spouse does NOT automatically inherit everything (in some states they do, but not IL) unless there are no children. If there are children, the spouse inherits 50% of the deceased's estate and the remaining 50% is divided between the children. HOWEVER, there is a thing called ‘joint tenancy’ and if their properties or bank accounts were held in joint tenancy, then when Dad died, ownership of those items automatically passed to Mom (it’s called ‘right of survivorship’) and the children are not entitled to a portion of them. So, if that’s the case…

With all that said, WHY would you want to fight your mother over this? What do you value more--the money or your relationship with your mother? Your father likely assumed (as many people do) that without a will Mom would automatically inherit everything, and if he wanted to ensure that a certain item/funds were left specifically to you or your siblings, then he would have created a will.

Answer 4

You need to consult an attorney, make sure to obtain a death certificate (at your local city hall) and as much info on your dad for when you meet with your atty. You're entitled to all as much as the rest of your siblings. You need to act quick before something happens to your mom (God forbids) and then you be in a worse predicament. Why did you wait so long? You still can claim by inheritance; did any of your siblings get anything yet? You may want to gather all of your siblings and all see an attorney. If you're not in good terms with your siblings then you need to act alone!! Good luck!! You may have lots of $$ owed to you and you may not even know it.

Answer 5

I'm sorry that your father died. I'm assuming you mother is dead too? Otherwise there wouldn't be any question of inheritance.

Parents are obligated to care for their underage children. Parents are not obligated to give any kind of inheritance to their children.

If both parents died without a will, then their estate would fall to their nearest living relatives. In this case their children. A court would have to determine this, though.

Answer 6

Dude, that sucks. Ok look. There is only possible reasons. 1 is they must know something about you that makes them uncomfortable/scared of you. 2 If its not the same lawyer for all cases, nr 1 is the only possible choice. If it is the same lawyer they're probably trying to rip you off.

Answer 7

This happen to me.

You can file a probate anytime. But they are going to wonder why you waited so long. Which was my problem. I trusted.

I don't know what you mean by gave inheritance? Is your mom still alive?? If so community property may prevail here and you're out, until she passes.
Are you in America?
Otherwise I don't know.

Answer 8

She probably needs the RE props to support her. But if you are in one of the few forced heirship or community property states, consult an attorney to see what your rights are. More than likely, your mom will have usefruct of them all until her death.

Answer 9

well by law if your parents were still married then the property becomes hers...the only other way would be if he had left a will designating who the property went to...thats the only way you would have gotten anything unless your mother gave it to you....now if she is your stepmother then 50 percent belongs to her and the rest to you....mmmm a living spouse always receives property and belongings and insurance of the deceased spouse unless specified in a will...so when you mother dies unless she has a will it will have to be distributed evenly throughout her living children

Answer 10

All property is usually community property meaning the property was owned by your father and your mother, and is her's until her death unless you can prove otherwise with a will. Be nice to your mother, or you could be dis-inherited.