Can My wife and her sister sue their father who is trying to include his second wife name in ancestral property?

In Illinois, a person may use a will to direct who may receive his or her property once the person dies. A person can decide to leave out his adult children as beneficiaries so the children do not inherit. An adult child does not have a right to sue her parent simply because the child wants the parent's property after the parent dies. If a person decides to leave his property to his wife after the person dies, the wife can decide who will receive that property after she passes away. Again, she can use a will to prevent her adult children from inheriting her property and she has the right to transfer the property to whomever she chooses. A person can also give the property as a gift to his wife while he is living. The adult children do not have a right to the property if they are excluded as beneficiaries under a will, unless there is a complicating factor, such as whether the property is held in trust, whether there is an existing contract to transfer the property to the children, etc.

Your father in law has the right to decide how his property is to be divided upon his death. He has the right to arrange that property is titled in such a way that is asses to his wife without going through his will. The second wife, if she holds title upon your father's death, will have the right to transfer it through will, deed or otherwise any way that she wishes. There is no basis for your wife and her sister to sue their father or to otherwise force him to plan his estate to include them and contesting a properly written will is nearly always an exercise in futility.

I agree with Ms. Goldstein and Ms. Radadia. Your wife and her sister have no rights to this property merely because it currently belongs to their father. Assuming he is mentally competent, he can do darn near anything he wants with this property before or after his death, including devising it to his wife, or your wife and her sister, donating it to charity, giving it to a neighbor. Many people have the mistaken impression that they have an ownership right in things owned by their parents because they might inherit them someday. This usually is not the case. Perhaps the best approach would be for your wife and her sister to be open with her father and his wife about how important this property is to them.

I agree with the other attorneys who have answered this question. The only option I see would be for your wife and her sister to try talking to their father about this issue and maybe he would consider consulting with an estate planning attorney about other options. For example, he could set up a trust, which would give his wife rights to the property during her lifetime, and upon her death, the property could be transferred to your wife and her sister. This would allow the property to ultimately stay in the family, meanwhile accomplishing his goal of providing for his wife. Keep in mind, he is under no obligation to do so, but if his wife has no children, perhaps he would consider it.