I would like to know what rights I have to my father’s property.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I would like to know what rights I have to my father’s property.
My father died over five years ago and did not have a will. My aunt claims
that she owns all of his property because she owns the building that all of his
personal belongings are in. I live in Illinois and want to know what rights my
siblings and I have to claim his property.
Thanks
Asked on December 1, 2017 under Estate Planning, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Quite a bit of time has passed but you still should have rights (it will depend on specific state law however). Since you father died without a Will and presumably no surviving spouse (since none was mentioned), then under "intestacy" law, your father's sole heirs are you and your siblings. Your aunt has no legal right to his things. Ownership of a building does not impart ownership in the personal belongngs of another that may be inside. At this point, you should consult directly with a local probate attorney you can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Quite a bit of time has passed but you still should have rights (it will depend on specific state law however). Since you father died without a Will and presumably no surviving spouse (since none was mentioned), then under "intestacy" law, your father's sole heirs are you and your siblings. Your aunt has no legal right to his things. Ownership of a building does not impart ownership in the personal belongngs of another that may be inside. At this point, you should consult directly with a local probate attorney you can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.