Most people wonder whether someone would have left them assets or money in an inheritance. If an immediate family member, like a parent or grandparent, has passed away, there is a good chance they may have left a will or established a trust with you named as a beneficiary. But how can you find out if a loved one with whom you are not close anymore has died and left you anything? It could be that you were estranged from a family member and you may be entitled to inherit their estate, but are not sure how you can find out about it.
Difficult family disputes that go unresolved, second families, alienation, and other circumstances are some reasons why people find themselves in such a situation. Only because you didn’t have a strong relationship with your deceased loved ones’ second family or had not been in touch with them during their lifetime, does not mean you have lost the right of inheritance.
If you are in a similar situation and want to find out about your entitlement to an inheritance, here is what you can do about it:
Find out about a Will or Trust
First, you need to determine whether your loved one left a will or made a trust where they expressed their last wishes pertaining to their property and asset distribution. To find out about the will, you should contact the court of the county where your loved one lived. If the executor of the will knows about you and your name has been mentioned in it or you fall under a category, like my children, they will contact you.
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Survivors of the Deceased’s Family
In the absence of a will or trust, the estate is distributed according to Illinois law. When there is no will, the court will arrange to distribute the estate among the deceased’s legal heirs through the rules of intestate succession. First, an administrator is appointed to conduct valuation of the estate, pay off expenses and debts, and divided the remaining assets among the beneficiaries.
If no estate has been opened and there is no will in place, you can file a petition to the court for opening the estate. This will grant the estate executor to gain access to the property of the decedent. However, to make a petition, you need to prove that you are a legal heir. The law also requires family members who are in possession or have knowledge of a will to come forward, or else they will be charged with felony.
If you want to know if you are entitled to an inheritance, you should work with an estate planning attorney. They will help in researching, making inquires, and filing a petition to a court to make your claim. Contact Mary Ann Covone, P.C., Attorney at Law at 708-246-4911 or online today to schedule a free consultation.