Estate Planning, Probate & Elder Law Attorneys

» Step-Siblings, Half-Siblings, and Heirship

For determining heirship in Illinois, it's important to understand the difference between step-relations and half-relations.

A step-sibling isn't really a sibling or a blood relation at all. It's the child of two people, one of whom then marries one of your parents.

A half-sibling IS a sibling. It's a person who shares only one parent in common with you.

Here's an example:

John and Peggy Smith have 3 children (Able, Betty, and Cody) when they divorce. John remarries, to a woman named Margaret Jones. Margaret has one child of her own (David) from a previous marriage. Together, John and Margaret have two children: Emil and Fred.

If Able dies without a Will, who are his heirs? Under Illinois law, it's his parents (John and Peggy), as well as his siblings. And because, under Illinois law (755 ILCS 5/2-1(h)), "[i]n no case is there any distinction between the kindred of the whole and the half blood," Betty, Cody, Emil, and Fred are also heirs. David is not an heir.

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» Buckley Probate Mess

This is a sort of slimy story about William F. Buckley, his son Christopher (the author, about whom I've previously blogged), and Christopher's son Jonathan. Evidently Christopher cheated on his wife with a woman named Irina Woelfle, and she got pregnant. Christopher hasn't had much, if anything, to do with the son since his birth, although he does pay child support. Now Christopher's wealthy father has died, leaving language in his Will that explicitly disinherits Jonathan.

Is that fair? The article seems to think it isn't, although I would disagree. There seems to be a blurring of the lines between William's duty to a grandchild he may never see, and Christopher's duty to his son. We can believe that Christopher owes the child more (emotionally and financially) than $3,000 per month, but I don't have a problem with the disinheritance language in William's Will. Although it does sound a bit cold, especially if you read it in William's ridiculously affected voice. Maybe I should do an MP3 of my imitation?