Legal Question in Real Estate Law in Illinois

my grandmother just passed away and in her will, she left something for all of her grandchildren and put that her three children are to split the rest of everything. one of her children passed away and she hadn't gotten around to changing her will to exclude him. does his children split the third that was left to him, or do the remaining two children split it and the grandchildren get only what was left to them?

Asked on 6/28/11, 5:20 pm

3 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.
0 users found helpful
0 attorneys agreed

Did the will state per stirpes or per capita? Take the will to a local attorney.

Read more
Answered on 6/28/11, 5:52 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove
0 users found helpful
0 attorneys agreed

The answer depends on how the will was worded.

Read more
Answered on 6/28/11, 6:04 pm
Walter Palmer Law Office of Walter Palmer
0 users found helpful
0 attorneys agreed

If there was no designation of per stirpes or per capita, the default in Illinois is per stirpes, which means that the children would split the 1/3 share. There is going to have to be probate, if only for the judge to issue a judge's deed, so you will need an attorney regardless.

Read more
Answered on 6/28/11, 7:39 pm

Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois

Looking for something else?

Get Free Legal Advice

88393 active attorneys ready to answer your legal questions today.

Real Estate and Real Property Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now