Chicago, IL asked in Estate Planning and Probate for Illinois

Q: Father is on ventilator and unsure if there’s a will. His older sister is taking titles and other things out of his home

I know me and siblings are beneficiaries from his job he worked is all

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1 Lawyer Answer
Timothy S O'Brien
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  • Estate Planning Lawyer
  • Oak Park, IL
  • Licensed in Illinois

A: Sorry to hear about your father. First, I presume since he is on a ventilator, he is not conscious or competent to answer questions about whether he has a will or not. Second, as long as he does not have a spouse (who is currently alive and to whom he is currently married), you and your siblings would be next in line to inherit his estate. Third, it is not clear what your father's sister is taking from the house. If they are items that legally belong to her or your father gave her permission to take the items, she is entitled to retrieve them. If they are not items that legally belong to her and she does not have permission, she is interfering with the legal order of who should inherit those items, and it could potentially be theft.

Finally, you mention you and your siblings are beneficiaries. It is not clear from your question what you are beneficiaries to. If these are insurance policies, retirement accounts, or a pension, your father's sister has no legal claim to these accounts and there is a possibility this could get distributed to you and your siblings without the court's involvement.

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