Sterling, IL asked in Probate for Illinois

Q: Half siblings are suing for deceased dads house from ex-wife. I want no part of it. Can I be taken off the lawsuit?

I had a nearly non-existent relationship with father. He was a sperm donor. Left my mom and went to KY where he had another new family with 3 kids. Dad and 3rd wife divorced years ago and house went to her, since it was hers anyways before they married. She didn't get around to putting it only in her name. It is my understanding the information is in the divorce decree. Ex-wife wants house to sell, or will sell to the two kids that want the house. Two of the 3 kids have now gotten a lawyer and trying to sue for the house. Myself and 3rd kid doesn't want to have anything to do with the house and the lawsuit. As far as I'm concerned it's the ex-wife's house and she should have it. How can I get off the lawsuit. I live in Illinois, never lived in Kentucky. I am 48 and had seen this guy maybe a half dozen times in that timeframe. He never paid child support. He screwed me over growing up and feel like he's screwing me over after he dropped dead.

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1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Probate Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: As I understand your fact pattern, it does not sound like you actually authorized anyone to bring a claim on your behalf for any part of the house. If this is correct, then you don't need to do anything. No one can file a claim on your behalf without your express permission. If there is an attorney or some other person making a claim to the house in your name, you can simply tell them that they are not authorized to represent you and that you do not wish to make a claim to the property. Your opinion as to who should or should not get the house, or any part of it, is a side opinion and does not directly impact your decision to walk away from all of the Kentucky controversy and litigation. Best of luck.

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